Title 2-1 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

Title 2

Administration and Personnel

Chapters:

2.04 City Council

2.08 Mayor

2.12 City Officers

2.14 City Manager

2.18 City Clerk and Treasurer

2.20 Police Department

2.24 Civil Defense and Disaster Control

2.28 Ordinance Passage and Enforcement

2.32 Elections

2.36 Claims Against City

2.40 Disposal of Record

2.44 Real Property Transfer

2.48 Equal Rights Commission

2.49 ADA Policies

2.52 City Personnel System

2.53 Drug and Alcohol Abuse Policy

2.56 Public Information

2.58 Records Management

Chapter 2.04

City Council*

Sections:

2.04.010 City Council.

2.04.020 City Council--Vacancy.

2.04.030 Meetings--Public.

2.04.040 Meetings--Procedures.

2.04.050 Meetings--Quorum.

2.04.060 Meetings--Voting.

2.04.065 Meetings—Agenda.

2.04.070 Meetings--Order of business.

2.04.080 Meetings--Rules of order.

2.04.090 City Council--Conflict of Interest.

2.04.010 City Council. A. The Seldovia City Council consists of six

members, two of whom are elected each year at the election held annually on the

Title 2-2 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

first Tuesday of October. Each Council member shall serve a term of three years,

and until his or her successor is elected and qualified.

B. A city voter who has resided within the city limits for a period of

six months is eligible to be a member of the City Council. (Ord. 87-4 Sec. 1,

1987)

C. The order of council member’s names appearing on the council

agenda shall be rotated for each meeting. The order in which the names

appear will be the order in which roll call votes are taken and shall establish

the order in which council member comments are given in item Q of the

agenda. (Ord. 17-01)

2.04.020 City Council -- Vacancy. A vacancy on the City Council shall be

declared and filled in accordance with AS 29.20.170 and 29.20.180. (Ord. 87-4 Sec.

1, 1987)

2.04.030 Meetings -- Public. All meetings of the Council and of

committees, commissions, boards or agencies created or authorized by the Council

or by this code, supported in whole or in part by public funds, or entrusted with

expending public funds, shall be open to the public except as otherwise provided in

Alaska Statutes 44.62.310. (Ord. 87-4 Sec. 1, 1987)

A. Public Presentation Prior Notice Process: All public presentations and

documentation of shall be submitted to the City Manager by 5 pm the Tuesday

preceding a Council meeting. Presentations and documents submitted after the

above deadline will be held until the next scheduled meeting. (Ord. 17-01; Ord. 18-

10)

B. Prohibiting Public Call in’s to Council Meetings. The public is prohibited to

attend meetings via phone, teleconference or any electronic media conferencing

system. This provision does not apply to the Mayor, Council Members, or those

who represent the City of Seldovia; for example but not limited to; City Manager,

City attorneys or City staff. (Ord. 16-14)

2.04.040 Meetings -- Procedures. A. The regular meetings of the City

Council will be held in the Seldovia City Library Building on the second and fourth

Monday of each month, at the hours of six (6) p.m. If a majority of the members

are given at least 24 hours oral or written notice and reasonable efforts are made

to notify all members, a special meeting of the City Council may be held at the call

of the Mayor or at least one-third of the members. A special meeting may be

conducted with less than 24 hours’ notice if all members are present, or if absent

members have waived in writing the required notice. Waiver of notice can be made

before or after the special meeting is held. A waiver of notice shall be made a part

of the journal of the meeting. (Ord. 87-4 Sec. 1, 1987; Ord. 18-10)

Title 2-3 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

2.04.50 Meetings -- Quorum. A. At all meetings of the Council, four

members shall constitute a quorum for the transaction of business.

B. Four affirmative votes are required for the passage of an ordinance, resolution or

motion. (Ord. 74-4 Sec. 1, 1974)

2.04.060 Meetings -- Voting. A. The vote on all questions except upon an

ordinance, resolution or substantive motions shall be by via voice unless two

members of the Council call for ayes and nays, in which event the roll call shall be

called and the vote of each member recorded by the clerk. All votes on ordinances,

resolutions or substantive motions shall be permanently recorded "yes" or "no" by

the clerk in the proceedings of the Council, except that if the vote is unanimous it

may be recorded "unanimous".

B. Each member of the governing body present shall vote on each question

unless permitted to abstain in accordance with AS 29.20.010. (Ord. 87-4 Sec. 1,

1987; Ord. 17-01)

2.04.065 Meetings -- Agenda. A. The Mayor or other Council Member, City

Clerk, City Attorney, or City Manager may sponsor an ordinance for introduction or

a resolution for adoption, and such ordinance or resolution shall be placed on the

agenda of the regular Council meeting requested by the sponsor.

B. The Mayor or other Council Member, City Clerk, City Attorney, or City

Manager may request that a discussion item be placed on the agenda of a regular

Council meeting, and such discussion item shall be placed on the agenda of the

regular Council meeting requested by the sponsor.

C. A member of the public may request that a matter be placed on the

agenda subject to policies and procedures adopted under sub-section (J). Being

placed on the agenda on the “Public Presentation Prior Notice” portion of the

agenda does not limit or restrict the requestor’s ability to speak on a different

subject for which public comment is allowed.

D. A sponsor, all co-sponsors, proposer or requester may request that an

item be removed from the agenda before the agenda is published under the policies

and procedures adopted under subsection (J) and such item shall be removed from

the agenda, unless the item has been carried over or postponed from a previous

agenda.

E. The City Clerk shall prepare the agenda for each Council meeting after

consultation with the Mayor and City Manager, subject to subsections (A) through

(D).

F. Notice of the date, time, place, and agenda for each Council meeting

shall be given to the public by posting to the City’s website and to the official

bulletin board at City Hall and the City bulletin board at the Seldovia Post Office

under policies and procedures adopted under subsection (J). Additional public notice

of meetings may be given by other means.

Title 2-4 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

G. A meeting packet containing the agenda, all legislative items, and

supporting documentation for all agenda items shall be distributed to the Mayor,

Council Members, and the City Manager.

H. The City Clerk shall cause a copy of the meeting packet to be posted on

the City’s website and will be available at City Hall, in order to be made available

for public viewing under policies and procedures adopted under subsection (J). The

City Clerk shall cause a paper copy or electronic copy of the meeting packet to be

provided to any member of the public, or to any organization, upon request under

policies and procedures adopted under subsection (J). At least one paper copy of

the meeting packet shall be made available to the public at the meeting.

I. The City Clerk shall provide paper copies of any late materials to the

Mayor, each Council Member, City Manager, and City Attorney. The City Clerk shall

also make paper copies of late materials available to the public at the meeting.

J. The administration may develop policies and procedures to implement

this section, subject to review and approval of Council.

K. Failure to comply with the above policies and procedures or with any

administrative policies will not invalidate any ordinance or Council action as long as

there was a good faith effort at compliance by the City Clerk. (Ord. 18-11)

2.04.70 Meetings – Order of business. The following shall be the order of

business at all meetings of the Council:

A. Call to Order & Roll Call:

B. Pledge of Allegiance:

C. Excused Absences:

D. Agenda Approval:

E. Consent Agenda: (All items under the Consent Agenda are approved with a

single motion, no discussion, and one vote. A Council Member may request to

remove an item(s) for discussion and a separate vote.)

1. Approval of Minutes:

2. Payment Approval Report

3. Ordinance Introduction

F. Mayoral Proclamations:

G. Public Presentation Prior Notice: (each presenter has up to 10 min)

H. Public Presentation for Items not on Agenda: (public has 3 min each)

I. Committee and Advisory Board Reports: (each member has 5 min)

J. Public Hearings:

1.

a. Presentation by Staff or Council

b. Council Discussion

c. Public Presentation or Hearing (public has 3 min each)

d. Action/Disposition

K. Unfinished Business:

1.

a. Presentation by Staff or Council

Title 2-5 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

b. Council Discussion

c. Public Presentation or Hearing (public has 3 min each)

d. Action/Disposition

L. New Business:

1.

a. Presentation by Staff or Council

b. Council Discussion

c. Public Presentation or Hearing (public has 3 min each)

d. Action/Disposition

M. Administration Reports:

1. Treasurer’s Report

2. City Manager’s Report

N. Informational Items Not Requiring Actions:

O. Executive Session:

P. Manager, Council and Mayor Comments Concerning Items Not on the

Agenda:

Q. Next Meeting: Regular Meeting on _________ at 7:30 p.m.

R. Adjournment:

(Ord. 76-5 Sec. 2, 1976; Ord. 03-02; Ord. 17-01; Ord. 17-16; Ord. 18-11)

2.04.080 Meetings -- Rules of order. Roberts' Rules of Order shall be the

authority on parliamentary rules and procedure of the Council unless otherwise

provided by rule, regulation or a provision of this code. (Prior code Sec. 2.060)

2.04.090 City Council -- Conflict of interest. A. Any member of the City

Council having a substantial financial interest in an official action shall declare such

substantial financial interest and ask to be excused from a vote on the matter;

B. The presiding officer of the City Council shall rule on a request by a

member of City Council to be excused from a vote on the basis of substantial

financial interest.

C. The decision of the presiding officer of the City Council on a request by

a member of the Council to be excused from a vote may be overridden by the

majority vote of the City Council; and

D. A municipal employee or official, other than a member of the City

Council, may not participate in an official action in which the employee or official

has a substantial financial interest. (Ord 89-8)

E. All elected or appointed officials of The City of Seldovia shall complete

The Seldovia Financial Disclosure Statement for Public Officials (res 10-05)

____________________________

Title 2-6 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

*For statutory provisions regarding the City Council, see AS Sec. 29.20.050 -

29.20.180.

Chapter 2.08

Mayor*

Sections:

2.08.010 Election--Term.

2.03.020 Oath of office.

2.08.030 Vacancy--Mayor.

2.08.040 Council meeting duties.

2.08.050 Duties--Powers.

2.08.060 Administrative duties to Manager.

2.08.010 Election--Term. A. The Mayor is elected at large for a term of

three years and until a successor is elected and has qualified.

1. The Mayor's regular term begins on the first Monday following

his election, which is held on the first Tuesday of October.

2. A city voter who has resided within the city limits for a period of

six months is eligible to be Mayor. (Ord. 74-5 Sec. 1(part), 1974; prior code

Sec. 2.040(a); Ord. 87-1 Sec. 2, 1987)

2.08.020 Oath of office. Upon his election, the Mayor shall before entering

upon the duties of his office, take an oath in writing to honestly, faithfully and

impartially perform the duties of his office, which oath shall be filed with the City

Clerk. (Ord. 74-5 Sec. 1(part), 1974: prior code Sec 2.040(b) (part))

2.08.030 Vacancy--Mayor. A vacancy in the office of Mayor shall be

declared and filled in accordance with AS 29.20.280. (Ord. 87-1 Sec. 1, 1987)

2.08.040 Council meeting duties. If the Mayor is unable to attend a

Council meeting and if five members are present, the Council shall appoint one of

its members to preside and to perform the duties of Mayor for the meeting in

question or the temporary period involved. A person appointed shall be known as

"Acting Mayor," but will continue their duties as Council member and take part in all

voting. (Ord. 745 Sec. 1(part), 1974: prior code Sec. 2.040 (C); Ord. 00-05)

2.08.050 Duties -- Powers. It shall be the duty of the Mayor to preside at

meetings of the Council and to participate in discussion of matters before the

Council. The Mayor may vote only in the case of a tie. The Mayor may veto any

ordinance, resolution, motion or other action of the Council and may, by veto,

strike or reduce items in appropriations, except when prohibited by law. He shall

Title 2-7 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

submit to the Council at its next regular meeting a written statement advising of his

veto and giving his reasons. A veto is overridden by the vote of two-thirds of the

authorized membership of the Council within 21 days following the veto, or at the

next regular meeting whichever is later. (Ord. 87-1 Sec. 1, 1987)

2.08.060 Administrative duties to Manager. The administrative duties of

the Mayor of executing deeds and other documents on behalf of the City when

authorized by the Council and the signing of warrants drawn on the city treasury

and the direction and supervision of the business of the City, and seeing that all

ordinances and resolutions are executed, will be assigned to the City Manager.

(Ord. 74-6 Sec. 1, 1974: prior code Sec 2.040(E))

______________________

* For statutory provisions pertaining to mayors, see AS Secs. 29.20.160 (A) and

29.20.220-280.

Chapter 2.12

City Officers*

Sections:

2.12.010 Designated.

2.12.020 Appointments.

2.12.030 Qualifications.

2.12.040 Combining offices.

2.12.050 Elective offices declared vacant--Conditions.

2.12.010 Designated. The officers of the City shall be the ex officio Mayor,

the City Treasurer and the City Councilmembers. The City Manager may hire the

Chief of Police, the City Engineer, the City Clerk, the Harbormaster and any other

employees at such salaries and wages as may be required within the budget items

authorized by the City Council. (Sec. 1 of Ord. dated 12/30/70: prior code Sec.

2.005)

2.12.020 Appointments. All appointments made by the Mayor or City

Manager shall be subject to confirmation of the Council. All officers appointed by

the Mayor and confirmed by the Council shall hold office at the pleasure of the

Council, but not beyond the term of the Mayor by whom they are appointed. (Ord.

75-1 Sec 2., 1975)

2.12.030 Qualifications. All officers of the City shall be qualified electors of

the City. All officers of the City shall, before entering upon the duties of their office,

Title 2-8 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

take an oath in writing to honestly, faithfully and impartially perform the duties of

their office, which oath shall be filed with the City Clerk. (Prior code Sec. 2.020)

2.12.040 Combining offices. Two or more of the city offices provided for

herein may be combined by the Council. (Prior code Sec. 2.030)

2.12.050 Elective offices declared vacant--Conditions. An elective

municipal office is vacated under the following conditions and upon the declaration

of vacancy by the Council. The Council shall declare an elective office vacant when

the person elected:

A. Fails to qualify or take office within thirty days after election or

appointment;

B. Is physically absent from the municipality for a ninety-day period,

unless excused by the Council;

C. Resigns, and his resignation is accepted;

G. Is physically or mentally unable to perform the duties of office, as

determined by two-thirds vote of the City Council.

D. Is removed from office;

E. Misses three consecutive regular meetings, unless excused;

F. Is convicted of a felony or of an offense involving a violation of oath of

office. (Ord. 79-9 Sec. 2, 1980)

G. Is convicted of a felony or misdemeanor described in AS 15.56 and

two thirds of the members of the City Council concur in expelling the person

elected;

H. Is convicted of a violation of AS 15.13; or

I. No longer physically resides in the municipality and the City Council by

two thirds vote declares the seat vacant. (Ord. 79-9 Sec. 2, 1980; Ord. 89-9 Secs.

1-5, 1989)

______________________

* For statutory provisions regarding general city powers with regard to municipal

offices and officers, see AS Sec. 29.20.050 and 29.20.360-640.

Chapter 2.14

City Manager

Sections:

2.14.010 City Manager

2.14.020 City Manager—Duties and Responsibilities

2.14.010 City Manager. The City Manager shall be the chief executive

officer and administrator of the City.

Title 2-9 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

2.14.020 City Manager—Duties and Responsibilities. A. Appoint,

suspend or remove municipal employees and administrative officers, except as

provided in 2.12.020 Appointments. The City Manager shall serve as the personnel

officer.

B. Supervise the enforcement of the City Code and carry out the

directives of the City Council.

C. Prepare and submit an annual budget and capital improvement

program for consideration by the City Council, and execute the budget and capital

improvement program adopted.

D. Report monthly to the Council on the finances and other operations of

the City.

E. Exercise custody over all real and personal property of the City.

F. Perform other duties as directed by the Council. (Ord. 92-06)

Chapter 2.18

City Clerk and Treasurer

Sections:

2.18.010 Creation

2.18.020 Duties

2.18.030 Appointment

2.18.010 Creation. As per AS Sec.29.20.380, the offices of Clerk-Treasurer

are hereby separated into the office of Clerk and Treasurer (Ord. 08-04)

2.18.020 Duties. Duties shall be as set forth in AS 29.20.380 and

29.20.390 and current job descriptions as established by the City Manager.

2.18.030 Appointment. Appointment shall be by the City Manager and

confirmed by the Council. (Ord. 04-01)

Chapter 2.20

Police Department*

Title 2-10 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

Sections:

2.20.010 Chief of Police.

2.20.010 Chief of Police. Qualifications for the position of Police Chief shall

be those set for the State of Alaska (i.e. nineteen years of age, U.S. citizen and no

conviction in the last ten years of crimes of moral turpitude). The Chief of Police

shall be head of the police department of the City, and the patrolmen and

watchmen employed by the City shall be subject to his orders. He shall take his

instructions from the City Manager, and shall obey and enforce all lawful orders and

instructions given him by the City Manager that are not in conflict with this code or

other enactments or orders of the Council. (Sec. 5 of Ord. dated 12/30/70: prior

code Sec. 2.110)

Chapter 2.22

Fire Department

Sections:

2.22.010 Fire department

2.22.020 Fire Chief

Section 2.22.010 Fire Department. The Fire Department shall be called

the "Seldovia Volunteer Fire and EMS Department". (Ord. 09-07)

Section 2.22.020 Fire chief. The Fire Chief shall be the head of the fire

department. He shall take his instructions from the City Manager and shall follow

through with all orders and instructions not in conflict with the state code, this code

or other enactments or orders of Council. (Ord. 84-6 Sec. 1)

______________________

* For statutory provisions regarding the appointment of a Chief of Police, see AS

Sec. 29.20.360.

Chapter 2.24

Civil Defense and Disaster Control*

Sections:

2.24.010 Organization--Created--Staff.

Title 2-11 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

2.24.020 Organization--Composition.

2.24.010 Organization--Created--Staff. There is created the civil defense

organization for the City of Seldovia, Alaska, as an agency of said government to be

composed of the Mayor and such other persons that he may appoint from time to

time. The Mayor shall appoint a civil defense director and a staff to serve at the

pleasure of the Mayor of the City. (Ord. 69-5 Sec. 2, 1969)

2.24.020 Organization--Composition. All city officers and employees of

this city, together with those volunteer forces enrolled to aid them prior to or during

a disaster shall constitute the civil defense organization, as provided by law. (Ord.

69-5 Sec. 2, 1969)

______________________

* For statutory provisions regarding local civil defense organizations, see AS Sec.

26.20.060 et seq.

Chapter 2.28

Ordinance Passage and Enforcement*

Sections:

2.28.010 Ordinance Procedures.

2.28.020 Publication.

2.28.030 Emergency ordinances.

2.28.040 Rules governing cases of violation.

2.28.050 Court sessions.

2.28.010 Ordinance Procedures. Ordinances are introduced in writing in

the form required by the Council. An ordinance may be introduced by member or

committee of the Council, the Mayor or the City Manager. An ordinance shall be set

for hearing by the affirmative vote of a majority of the votes authorized on the

question. A summary of the ordinance and its amendments is published together

with a time and place for public hearing. The hearing follows publication by at least

five days. Copies of the ordinance must be available to all persons present or the

ordinance must be read in full. The Council shall hear all interested persons wishing

to be heard. After the hearing, the Council shall consider the ordinance and may

adopt it with or without amendment. The Council shall print and make available

copies of adopted ordinances. An ordinance takes effect upon adoption or on a late

date specified in the ordinance. (Ord. 87-7 Sec. 1, 1987)

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2.28.020 Publication. All ordinances shall be published, either by posting a

copy thereof in three public places, within the City, or by publication in one issue of

a newspaper of general circulation in the City. (Prior code Sec. 2.075)

2.28.030 Emergency ordinances. A. To meet a public emergency the

Council may adopt ordinances effective on adoption. Every emergency ordinance

must contain a finding by the Council that an emergency exists and a statement of

the fact upon which the finding is based. The ordinance may be adopted, amended

and adopted, or rejected at the meeting at which it is introduced. The affirmative

vote of all members present, or the affirmative vote of three-fourths of the total

membership, whichever is less, is required for adoption. The Council must print and

make available copies of adopted emergency ordinances.

B. An emergency ordinance may not be used to levy taxes, to grant,

renew or extend a franchise or to regulate the rate charged by a public utility for its

services.

C. Emergency ordinances are effective for sixty days. (Ord. 74-20 Sec. 1,

1974)

2.28.040 Rules governing cases of violation. All cases arising under the

ordinances, rules and regulations of the City shall be heard, tried and determined in

the magistrate's court for the City of Seldovia in accordance with the provisions of

Rule 41 of the "Rules Governing the Administration of all Courts" adopted by the

Supreme Court of the State of Alaska on October 9, 1959, or as the same may be

hereafter amended. (Prior code Sec. 2.120)

2.28.050 Court sessions. The city magistrate shall convene the court at

such times and places as he may designate; provided, however, that the magistrate

must in all cases provide the defendant with a fair and speedy trial without undue

delay and must be available for issuance of process and arraignment at all

reasonable times. (Ord. 81-5 Sec. 2, 1981: prior code Sec. 2.140)

______________________

* For statutory provisions regarding municipal enactments, see AS Secs. 29.25.010-

070.

Chapter 2.32

Elections*

Sections:

2.32.010 Incorporation of state and federal law.

2.32.020 Date of election.

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2.32.030 Notice of election--Adoption, certification and posting.

2.32.040 Notice of election--Contents.

2.32.050 Notice of election--Form.

2.32.060 Candidacy eligibility and declaration.

2.32.065 Ballots--Forms

2.32.066 Ballots--Distribution

2.32.070 Voter qualifications.

2.32.080 Election judges selected.

2.32.090 Election judges and clerks--Oath.

2.32.100 Election board--Organization and duties.

2.32.110 Conduct of election and polls.

2.32.120 Balloting.

2.32.130 Counting and disposition of ballots.

2.32.140 Disposition of challenged ballots.

2.32.150 Absentee voting.

2.32.160 Announcement of election results.

2.32.170 City officer's oaths.

2.32.180 Voting by Mail. 2.32.190 Sale of Alcoholic Beverages on Election Day (repealed by Ord. 87-14B, 1987; Ord. 72-2 §19, 1972)

2.32.010 Incorporation of state and federal law. No person shall violate

any provisions of the Constitution of the State of Alaska or the Constitution of the

United States of America or of any law duly enacted pursuant to either of such

Constitutions and laws. Such Constitutions and laws are hereby incorporated in this

chapter as if fully set forth herein. (Ord. 72-2 Sec. 2, 1972)

2.32.020 Date of election. There shall be a regular city election held on

the first Tuesday of October of each year for the purpose of electing city officers.

Special elections may be held during the year as may become necessary and

specified by resolution passed by the City Council. (Ord. 72-2 Sec. 2, 1972)

2.32.030 Notice of election--Adoption, certification and posting. A.

The City Council shall adopt a resolution containing a notice of election for each city

election; such resolution and notice shall be in the standard form provided below

and need not be changed substantially from year to year except as election codes

or other state laws require.

B. The notice of election resolution shall be adopted by the Council not less

than thirty days before the date of election.

C. The notice of election shall be signed by the Mayor and the City Clerk, and

posted in three conspicuous places about the City for a period of thirty days before

the election. The City Clerk, or other person so designated by the Council, shall

Title 2-14 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

post the notice and execute a certificate stating that the posting has been made,

giving the date and specific locations where posted. (Ord. 72-2 Sec. 3, 1972)

2.32.040 Notice of election--Contents. The notice of election shall

contain the following:

A. The date of election;

B. The number, terms and positions to be filled, propositions or question;

C. The boundaries of the precinct or precincts, and the polling place or

places;

D. The hours during which the polls shall be open;

E. The method of nomination, filing or declaration of candidacy;

F. Qualifications to vote, to be nominated as a candidate;

G. Statement as to eligibility and method of absentee voting. (Ord. 72-2

Sec. 4, 1972)

2.32.050 Notice of election--Form. The notice of election adopted by

resolution by the City Council shall be substantially in the following form:

"Notice of Election of_____, City of Seldovia"

A. By resolution adopted by the City Council____ ,20 , and pursuant to

procedures established by Seldovia City Code Sec. 2.32.030 and Sec. 2.32.040,

and in accordance with applicable state law, notice is hereby given concerning the

election of_____, City of Seldovia, as follows;

B. The regular annual election of Council members will be held on the

First Tuesday of October, that its, October ____, 20__, to elect ___ Mayor, Council

members for specific terms, propositions, as appropriate.

C. There will be one precinct, the boundaries of which are identical with

the boundaries of the City of Seldovia.

D. The polling place will be at on____, Seldovia, Alaska.

E. The polls will be open from eight o’clock in the morning or such times

as concurrent state and borough elections commence until eight o’clock in the

evening or such time as concurrent state or borough elections conclude, Alaska

Time. (Ord. 92-15)

F. Persons desiring to file a Declaration of Candidacy shall do so as

provided in the Seldovia City Code Sec. 2.32.060 which forms are available at the

City Office. Such declaration shall be filed at the City Office not later than five

o'clock in the afternoon of the 30th day preceding the election. The person so filing

must sign a statement accepting the nomination and agreeing to serve if elected;

such statement shall be part of the declaration.

G. Any person is qualified to vote who:

i. Is a United States citizen;

ii. is at least eighteen years of age;

iii. has resided within the municipality the thirty days prior to the

election;

Title 2-15 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

iv. is a registered voter with the state of Alaska;

v. if convicted of a felony, has had his/her civil rights restored.

H. Any person who believes that he will be unavoidably absent from the

City on election day, or will be unable to come to the polls due to physical disability,

or if he believes he will be unable to be present at the polls because of the physical

inaccessibility of the polling place causing undue travel expense, hardship or hazard

to the voter, may apply to the City Clerk in person until 5 o'clock in the afternoon

on the day preceding the election, that is , 20___ , or by letter or personal

representative by 5 o'clock in the afternoon on the Friday immediately preceding

the election that is,___ , 20___ . The letter of application must state that the

applicant meets all the qualifications stated in paragraph six and must also give

place of residence within the City of Seldovia and the mailing address. A personal

representative must present this information also in order to obtain a ballot for a

voter. (Ord. 76-3 Sec. 1, 2, 1976; Ord. 72-2 Sec. 5, 1972; Ord. 10-02 Sec 2, 2009)

2.32.060 Candidacy eligibility and declaration. A. A person is eligible to

hold office who has met the requirements of 2.04.010(b) or 2.08.010(c)

B. A candidate for election to the office of City Council member or the

office of Mayor must file a Declaration of Candidacy in the office of City Clerk no

sooner than fifty days preceding the date of election, and no later than thirty days

immediately preceding the election. Notice shall be published by the City Clerk.

C. Form of the Declaration of Candidacy shall be as follows:

"I,___ , declare that I reside at , in the City of Seldovia, Alaska; that I am a

resident of the State of Alaska; that I am a citizen of the United States of America;

and that I am a qualified voter of the City of Seldovia, Alaska. I declare myself a

candidate for the office of for a term of years, commencing____,20 , and ending,

20 ; that I accept the nomination and will serve if elected; and request that my

name be printed upon the official ballot for the city election to be held in the City of

Seldovia, Alaska, on the ____ , 20___. Signature of Candidate"

Notary Signature and Seal

D. There is nothing in this provision to indicate that write-in candidates

will not be accepted on the ballot. (Ord.87-5 Sec. 3, 1987)

2.32.065 Ballots—Forms. A. Ballots shall be prepared in the manner

prescribed for State elections, insofar as such requirements are applicable to

nonpartisan elections.

B. City of Seldovia ballots shall be numbered in series. At the top of the

ballot shall be printed the words: "Official Ballot of the City of Seldovia, Alaska," the

date of the election, and whether it is a regular or special election.

Title 2-16 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

C. All candidates for the same office shall be shown on one ballot. The

title of each office to be filled shall be followed by the printed names of all

candidates for that office and the provision shall be made for write-ins equal in

number to the positions to be filled, except there shall be no provision made for

write-ins on a runoff election ballot. The names of candidates shall be printed as

they appear upon the candidacy declaration forms except that any honorary or

assumed title or prefix shall be omitted, but may include in the candidate's name

any nickname or familiar form of a proper name of the candidate. The words "Vote

for not more than ", with the appropriate number replacing the blank, shall be

placed before the lists of candidates for each office. Ballots shall be numbered

consecutively and candidate names shall be listed in the order that candidacy

declarations are filed.

D. Following the offices and candidates, there shall be placed on the

ballot or on separate ballots as the Clerk may determine, all propositions or

questions to be voted on. The words "YES" and "NO" shall be placed below the

statement of each proposition or question. The Clerk shall determine the number of

ballots to be used to present all offices, propositions and questions to the qualified

voter.

E. The Clerk shall have printed and available at each polling place on Election Day and in the Clerk's office preceding the election, the sample ballots on tinted paper for each election. Instructions to voters may be printed on the back of the sample ballot.

F. If the Election Board receives an insufficient number of official ballots,

it shall provide and the voters may use a substitute ballot. The Election Board shall

certify the facts that prevented the use of the official ballots and materials and shall

include the certificate in the election returns. (Ord. 05-01)

2.32.066 Ballots—Distribution. A. The Clerk shall have the official ballots

in his possession at least 25 days before each regular election or seven days before

each special election. At that time, the ballots may be inspected by any candidate

whose name is on the ballot, or his authorized agent, and any mistake discovered

shall be corrected immediately.

B. The ballots shall be delivered in a separate sealed package, with the

number of ballots enclosed clearly marked on the outside of the package. A receipt

shall be signed by the Election Chair; the receipt to be preserved with other records

of election. (Ord. 05-01; Ord. 10-02 Sec 2, 2009; Ord. 17-01)

2.32.070 Voter qualifications. A person may vote in an election who:

1. Is a citizen of the United States;

2. Is at least eighteen years of age;

Title 2-17 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

3. Has resided within the municipality the thirty days prior to the

election;

4. Is a registered voter with the State of Alaska;

5. If convicted of a felony, has had his/her civil rights restored;

6. Has completed a voter registration card with the State of Alaska thirty

days prior to an election. (Ord. 72-2 Sec. 7, 1972)

2.32.080 Election judges selected. A. Three election judges shall

comprise the election board. Election judges shall be appointed by the City Council

by resolution at least thirty days before the election for which they are to serve.

The City Clerk or such other person as the Council may designate shall notify each

judge of his appointment by forthwith transmitting to him a copy of the resolution

of appointment.

B. A clerk or clerks or judge/alternate(s) of election may be appointed in

a similar manner by the Council to assist the election judges with the election.

Clerks are not members of the election board. Judge/alternate(s) may be called

upon to be a member of the election board in the event that a judge does not

appear or become incapacitated during the Election Day. Judge/alternate(s)

become a board member upon taking the oath required of a judge. This oath may

be issued by an election judge or City Clerk.

C. Appointees shall accept their appointments in writing at least ten days before the election for which they are to serve. This acceptance shall be substantially in the following form:

"I hereby certify that I am a qualified voter of the City of Seldovia and do

hereby accept appointment as election judge (or clerk, or judge/alternate) as

set forth in Resolution adopted by the City Council on____ , 20____ ." (Ord.

72-2 Sec. 8, 1972)

2.32.090 Election judges and clerks--Oath. On election day, or earlier,

and before entering on their duties, the election judges and clerks, if any, shall

execute an oath of office in the following form:

"I,_____ , being duly sworn on oath, do solemnly swear, THAT I am qualified

voter residing in the City of Seldovia, THAT I will support and defend the

Constitution and laws of the United States of America and the laws of the

State of Alaska, and that I honestly, faithfully, promptly and impartially

perform the duties of judge (or clerk), as may be required for the

election,____,20___, in and for the said City of Seldovia, Alaska, so help me

God.

Signature of

Judge Attest:

"Witness and Date"

Title 2-18 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

2.32.100 Election board--Organization and duties. A. If any appointed

judge or clerk fails to appear or becomes incapacitated during the time of the

election or canvass, a judge/alternate shall be selected by the remaining board

members or City Clerk to fill the vacancy. The newly selected judge will take the

oath of judge before taking office.

B. On the day of election before eight in the morning, or earlier, the City

Clerk shall supply to the election board the following:

1. One ballot box with lock and key;

2. One register;

3. The official ballots, numbered serially from one, in an amount to

meet the needs of the election;

4. Any administrative supplies necessary for efficient conduct of the

election.

C. The decision of the majority of judges shall determine the action that

the election board shall take regarding any questions that arise during the course of

the election.

D. The two judges other than the chairman of the election board are

authorized to perform the duties of election clerks wherever required. (Ord. 72-2

Sec. 10, 1972; Ord. 1002 Sec 2, 2009)

2.32.110 Conduct of election and polls. A. During the hours that the polls

are open the election judges shall insure that:

1. No person who is in the polling place or within two

hundred feet of any entrance thereto attempt to persuade any person

to vote for or against any candidate, proposition or question;

2. No person solicits any person in the polling place or in the

line waiting to vote for any purpose whatsoever;

3. No sign or other advertising device for or against any

candidate, proposition or question is within two hundred feet of any

entrance to the polling place.

B. On the day and hour of election, the election board shall announce

that the polls are open and receive voters;

C. The members of the election board shall keep an original register in

which each voter, before receiving his ballot, shall sign his name and give both his

residence and mailing address. The signing of the register constitutes a declaration

by the voter that he is qualified to vote;

D. Each member of the election board shall challenge, and any watcher or

other person qualified to vote in the City, may challenge any person attempting to

Title 2-19 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

vote if the challenger has good reason to suspect that the challenged person is not

qualified to vote. A challenge shall be based upon a discrepancy as to those

qualifications listed in Section 2.32.070. Any challenged person, before voting, shall

subscribe to an oath and affidavit in the following form:

"I, the undersigned, do solemnly affirm that I am at least eighteen

years old, a United States citizen, an actual bona fide resident of

Alaska, and have been such resident for seventy-five days

immediately preceding this election, have been a resident of the City

of Seldovia for thirty days immediately preceding this election, am

now a resident of the City of Seldovia at this election, have not

previously voted in this election, and that I am fully qualified in

accordance with qualifications set forth in the Notice of Election to vote

at this election within the City of Seldovia held this day of____,

20____ .

Signature of Affiant

Election Judge

Election Judge

E. After the challenged person has taken the oath and signed the affidavit

the person may vote. If the challenged person refuses to take the oath and sign the

affidavit, the person may not vote.

F. Any judge may administer to a voter any oath necessary in the

administration of the election. (Ord. 72-2 Sec. 11, 1972; Ord 10-02 Sec 2, 2009)

2.32.120 Balloting. A. When the voter has qualified to vote, the election

judge shall give him an official ballot. The voter shall retire to a booth or screen to

mark the ballot.

B. If any voter improperly marks or damages a ballot, the voter may

request and the election board shall provide him with another ballot, with a

maximum of three, and the board shall retain the improperly marked ballot.

C. The voter shall mark the ballot only by placing an "X" in the square

opposite his/her choice; cross marks, checks or plus signs are to be considered the

same as an "X" and are valid; a mark that is substantially in the square or touching

it and no other is valid. A write-in choice is valid only if the name of the person

chosen is written in and the opposite square is marked. If more choices are marked

than are persons or questions to be elected, that race or proposition is invalid.

D. No ballot may be exhibited by any voter to anyone in the polling place,

discussed with anyone, taken from the polling place, or marked or folded in any

way which would identify it, and no judge shall in any way handle a ballot in such

manner as would permit its identification. However, a qualified voter, who is

Title 2-20 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

incapable of marking his ballot, may be assisted by an election judge, or other

person of his choice, provided such other person shall first take an oath not to

attempt to influence the voter assisted or to divulge the vote cast.

E. Fifteen minutes before and at the time of closing the polls, the Election

Board shall announce the present time and the time of closing the polls, every

qualified voter present and in line at the time of closing the polls may vote. (Ord.

72-2 Sec. 12, 1972; Ord 10-02 Sec 2, 2009)

2.32.130 Counting and disposition of ballots. A. When the polls are

closed and the last vote has been cast, the Election Board shall immediately

proceed to open the ballot boxes and to count and canvass the vote.

B. The Election Board shall first reconcile the ballots and voters as in the

following example:

Ballots received: No.___ to No.___ inclusive 500

Ballots remaining: No.___to No.___ inclusive 100

Ballots to account for: 400*

*These totals should agree

Such reconciliation shall be on the ballot reconciliation form.

C. The election board shall then open the ballot box and first proceed as

follows:

1. Count the ballots.

2. If the numbers agree with number of "Persons voted

(from count of register of persons checked off as actually voting)," the

board proceeds as set forth in the following instructions; if there is a

discrepancy, the board re-checks the reconciliation to cure the

discrepancy.

D. The count of votes on the ballots shall be made as follows:

1. The names of the candidates shall be written on a blank

page.

2. The judges shall designate one of the election judges to

read aloud slowly the votes shown on each ballot. Before reading the

votes, if there appears to be reasonable cause to question the validity

of a ballot, race or proposition the reading judge shall check the ballot

and if the election board finds the ballot, race or proposition to be

invalid, it shall be set aside and not be counted. Write in votes will be

counted.

3. As each vote is read out, the tallying judges, shall tally

the votes on their tally sheets.

Title 2-21 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

4. The tallies shall be totaled. If there is a discrepancy

between the two tallies, a recount will be made, with the other judge

reading out the votes in order to cure the discrepancy.

E. When the vote count and tally of votes has been completed, the

Election Board shall make a certificate of results in duplicate; such certificate shall

be substantially in the following form and shall be signed by all judged.

"We, the undersigned, judges of election of the City of Seldovia in the

election of held _____, 20__ do solemnly affirm that the results of the said election

are as follows:

Name Number of Votes

IN WITNESS WHEREOF, we affix our names hereunder in each other's presence this

day of , 20."

F. The same general procedures as outlined above for recording and

counting ballots for candidates shall apply for votes on propositions or questions

voted on at the election.

G. On completion of the above certificate, the judges shall then assemble

the following material, with each item clearly identified:

1. The oaths of the judges;

2. The certification of election results;

3. All valid voted ballots;

4. All tabs from voted ballots;

5. The stubs of all used ballot packets plus the last partially-

used ballot packet with the unused ballots attached be defaced by

tearing;

6. Affirmation by challenged voters;

7. The registration book;

8. Signed statements by the judges concerning challenged

persons which did not result in affirmation by the challenged persons

and concerning incidents occurring during the voting.

H. The City Clerk shall be present when the election material specified in

the foregoing item of subsection G above has been assembled and shall take note

of the placing of the material in a large envelope or in a package, by the election

judges. The judges shall then sign their names on the envelope or package, seal it,

and deliver it into the hands of the City Clerk who shall forthwith insure that it is

placed in the City Hall safe. (Ord. 72-2 Sec. 13, 1972; Ord. 10-02 Sec 2, 2009)

2.32.140 Disposition of challenged ballots. A. A challenged voter shall

vote his ballot in the same manner as prescribed for other voters. After voting, the

challenged voter shall insert the ballot into a small blank envelope, seal it and put

the envelope into a larger envelope in which the oath and affidavit, previously

Title 2-22 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

signed are contained. This envelope shall be sealed and deposited in the ballot box

along with the attached statement of asserted invalidity.

B. These challenged ballots will be examined by the City Clerk prior to the

time of counting the absentee ballots, to determine the validity of the ballots. Those

ballots found to be valid will be tallied with the absentee ballots in accordance with

Seldovia City Code sections 2.32.130 and 2.32.150.

C. A person who frivolously, maliciously or in bad faith challenges a voter

is guilty of a misdemeanor and upon conviction shall be imprisoned for not more

than thirty days or fined not more than one hundred dollars or both. (Ord. 72-2

Sec. 14, 1972; Ord 10-02 Sec 2, 2009)

2.32.150 Absentee voting. A. A qualified voter may vote absentee:

1. If he believes he will be unavoidable absent from the City on

election day, whether inside or outside the state; or

2. If he will be unable to be present at the pools because of

physical disability; or

3. If he believes he will be unable to be present at the polls

because of the physical inaccessibility of the polling place causing undue

travel expense, hardship or hazard to the voter.

B. Any qualified voter wishing to apply for an absentee ballot in person

may do so no sooner than twenty days prior to the Election Day but not on Election

Day.

C. Anyone wishing to apply for an absentee ballot by letter may do so no

sooner than twenty days prior to the election and not later than five in the

afternoon 8 days preceding the election. The application by letter must contain the

voter's name, a statement that he is a qualified voter of the City of Seldovia, his

address where the absentee ballot is to be sent and his local residence address.

D. A person may apply for an absentee ballot through a personal

representative who must supply an application in the voter's behalf containing the

same information as if the application had been made through a letter.

E. The City Clerk shall be responsible for:

1. Issuing ballots and envelopes for absentee voting and for

keeping a complete record of ballots issued;

2. For receiving and safeguarding absentee ballot envelopes

received from absentee voters and for keeping a complete record of these;

3. Providing absentee voters with double envelopes and with

necessary information concerning voting.

F. The absentee voter shall seal his voted ballot in an unmarked envelope

and fasten the numbered tab to the outside of the envelope. This envelope shall

Title 2-23 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

then be sealed in an envelope containing a certification on the back in substantially

the form used for the State of Alaska general elections, except that the requirement

of thirty-day residence shall be included.

G. All absentee ballots must be postmarked no later than five in the

afternoon of the day of the election and received no later than five in the afternoon

of the Monday immediately following the election.

H. Disposition of absentee ballots will be in accordance with Seldovia City

Code Section 2.32.160.

I. The City Clerk may challenge an absentee voter if he has good reason

to suspect that the person attempting to vote is not a qualified voter. Challenged

and the disposition of challenged absentee ballots shall be handled in the same

manner as a challenged ballot as prescribed in Seldovia City Code Section

2.32.110. (Ord. 72-2 Sec. 15, 1972; Ord. 17-01)

2.32.160 Announcement of election results. A. At the meeting of the

City Council the first Monday following the election the City Clerk shall report to the

City Council that he/she has:

1. Opened the envelope or package from the election board,

inspected the contents and the certificate of election;

2. Determined the validity of all challenged and absentee ballots,

counted those determined to be valid and has the sealed privacy envelopes

containing the ballots on hand for tally;

B. A canvassing board, selected and sworn in by the City Clerk shall open

the challenged and absentee ballots provided by the Clerk and tally them under

the observation of the City Council as provided in Seldovia Code Section 2.32.130

D. They shall then add this tally to the Election Day tallies and report the final

result to the City Council.

C. The City Council will adopt a resolution:

1. Making a finding as to the sufficiency and accuracy of the voting

material submitted,

2. Declaring the candidates receiving the highest number of votes

(or proposition or questions receiving the highest number of votes) for the

offices to be elected (or for the propositions or question in the election).

(Ord. 72-2 Sec. 16, 1972)

3. In the case of a tie in any race or question, the City Council will

adopt a resolution authorizing a special election as prescribed in Seldovia City

Code Section

2.32.180 to be held following the meeting, with the ballot to contain only the

tied candidates or questions and not permitting write in votes. (Ord 10-02

Sec 2, 2009)

Title 2-24 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

2.32.170 City officers' oaths. A. Written oaths of office shall be

administered to city officers including Council members and Mayor, which shall

affirm in writing that they will honestly, faithfully and impartially perform their

duties. These oaths will be kept on file at city hall by the City Clerk. (Ord. 72-2 Sec.

17, 1972)

B. Newly-elected Council members and Mayor will be sworn in and begin

their term immediately following the adjournment of the election certification

meeting of the City Council on the Monday following the election. (Ord 10-02 Sec 2,

2009)

2.32.180 Voting by Mail. A. The clerk may conduct a special election by

mail at the direction of the City Council. When the clerk conducts a special election

by mail, the clerk shall send a ballot to each person whose name appears on the

official voter registration list prepared under AS § 15.07.125 for that election. The

ballot shall be sent to the address stated on the official registration list unless the

voter has notified the clerk in writing of a different address to which the ballot

should be sent. The clerk shall send ballots by first class, non-forwardable mail on

or before the 22nd day before the election.

B. The clerk shall review ballots voted under this section under

procedures established for the review of absentee ballots.

C. There shall be a small blank envelope and a return envelope supplied

to each bymail voter. The return envelope shall have printed upon it an affidavit by

which the voter shall declare his qualifications to vote, followed by provision for

attestation by a person qualified to administer oaths or two attesting witness who

are at least 18 years of age.

Specific instructions for voting a by-mail ballot will be mailed to each voter with the

ballot.

D. Upon receipt of a mail-in ballot, the voter shall cast his ballot in the

manner specified in the instruction. If the ballot is cast in the Clerk's Office, the

clerk shall retain it for counting. If the ballot is cast in another location, the voter

shall return it by mail to the clerk.

E. A voter who does not receive a mail-in ballot may cast his ballot in

person at the city office no later than five in the afternoon of the day of the

election.

F. For each election conducted by mail, the public notice posted and the

notice published in newspapers of general circulation in the City will include the

following:

1. The date of election;

2. That the election will be by mail-in ballot, and that qualified

voters will be receiving their ballots by first class mail;

Title 2-25 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

3. That there will be no polling place open for regular in-person

voting on Election Day. In a by-mail election, Election Day is the deadline by

which a voter's ballot must be received by the City Clerk.

4. The number, terms and positions to be filled, propositions or

questions;

G. The City Clerk shall:

1. Date-stamp all ballots received;

2. Provide for the security and safekeeping of all ballots;

3. Sign a voter's by-mail oath and affidavit envelope as an

authorized attesting official;

4. Accept receipt of a by-mail voter's hand-delivered ballot, which

has been sworn to, attested and sealed in the by-mail return envelope;

H. Counting of mail-in ballots shall be conducted by election officials

according to 2.32.130, except that tallying of ballots shall take place in the City

Office instead of at a polling place. (Ord. 05-02)

2.32.190 Sale of Alcoholic Beverages on Election Day. (Repealed by

Ord. 87-14B, 1987; Ord. 72-2 §19, 1972; Ord. 17-01)

______________________

* For statutory provision regarding regular and special elections see AS Sec.

29.26.010 et seq.

Chapter 2.36

Claims Against City

Sections:

2.36.010 Presentation to clerk.

2.36.010 Presentation to clerk. All claims against the City shall, as a

condition precedent to bringing suit, be itemized and properly verified and

presented to the City Clerk, within three months of the completion of the

transaction or occurrence upon which they are based. (Prior code Sec. 2.085)

Title 2-26 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

Chapter 2.40

Disposal of

Records Sections:

2.40.010 Compliance with statute.

2.40.010 Compliance with Statute. (Ord. 87-12 Sec. 1, 1987; repealed

by Ord. 18-13)

Chapter 2.48

Equal Rights

Commission Sections:

2.48.010 Declaration of public policy.

2.48.020 Definitions.

2.48.030 Established--Number of members.

2.48.050 Powers and duties designated.

2.48.060 Unlawful practices in the sale or rental of real property.

2.48.070 Unlawful financing practices designated.

2.48.080 Unlawful employment practices designated.

2.48.090 Unlawful practices in places of public accommodation.

2.48.100 Unlawful practices in educational institutions.

2.48.110 Unlawful practices by the municipality of Seldovia.

2.48.120 Lawful practices.

2.48.130 Complaints--Filing.

2.48.140 Complaints--Investigation and conciliation.

2.48.150 Complaints--Public hearing authorized when-- Procedures.

2.48.160 Injunctive relief, temporary restraining order.

2.48.170 Orders authorized when--Commission powers.

2.48.180 Effect of compliance with order.

2.48.190 Judicial review and enforcement.

2.48.200 Legal assistance.

2.48.210 Retaliation, coercion, aiding, abetting and inciting prohibited.

2.48.220 Violation--Penalty.

2.48.010 Declaration of public policy. The public policy of Seldovia is

declared to be equal opportunity for all persons. The Seldovia City Council finds that

invidious discrimination in employment, housing, public accommodations, education

and financing practices based upon race, color, sex, religion, national original,

marital status, age or physical handicap adversely affects the welfare of the

community. Accordingly such discrimination is prohibited.

(Ord. 77-4 Sec. 1, 1977)

Title 2-27 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

2.48.020 Definitions. A. As used in this chapter:

B. "Age," is not intended to conflict with the two sections cited or other

laws relating to the rights and activities of minors. (AS 23.10.325 through

23.10.370)

C. "Blockbusting" means any discriminatory practice by real estate

brokers, real estate salesmen, or employees or agents of a broker or another

individual, corporation, partnership or organization, for the purpose of inducing a

real estate transaction from which any such person or its stockholders or members

may benefit financially, to represent directly or indirectly that a change has

occurred or will or may occur from a composition with respect to race, religion,

color or national origin of the owners or occupants of the block, neighborhood or

area in which the real property is located, and to represent directly or indirectly

that this change may or will result in undesirable consequences in the block,

neighborhood or area in which the real property is located, including but not limited

to the lowering of property values, an increase in criminal or antisocial behavior, or

decline in the quality of the schools or other facilities.

D. "Commission" means the Seldovia Equal Rights Commission.

E. "Discrimination" means any direct or indirect act or practice of

exclusion, distinction, restrictions, segregation, limitation, refusal, denial or any

other act or practice of differentiation or preference in the treatment of a person or

persons because of race, color, religion, national origin, age, sex, marital status or

physical handicap, or the aiding, abetting, inciting, coercing or compelling thereof.

F. "Educational institutions" means any nursery, kindergarten,

elementary or secondary school, academy, college, university or extension course,

or nursing, secretarial business, vocational, technical, trade or professional school,

or day-care centers.

G. "Employee" means an individual employed by an employer, but does

not include an individual employed in the domestic service of any person.

H. "Employer" means an employer, public or private, of one or more

persons.

I. "Employment agency" means any person undertaking to procure

employees, or to procure for employees opportunities to work.

J. "Financial institutions" means commercial banks, trust companies,

mutual savings banks, cooperative banks, homestead associations, credit unions,

bonding companies, surety companies, or other commercial institutions which

extend secured or unsecured credit or offer insurance.

Title 2-28 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

K. "Labor organization" includes any organization that is constituted for

the purpose, in whole or in part, of grievances, terms or conditions of employment,

or of other mutual aid or protection in connection with employees.

L. "Marital status" means any differential treatment because of a person's

marital status or change in marital status. This includes differential treatment

shown towards a person because he/she is not married, a person because he/she is

married, a person because he/she is widowed or divorced, a person because he/she

is a parent and unmarried, or a person because she is pregnant and unmarried.

M. "National origin" includes ancestry, persons not citizens, their

descendants, and persons naturalized and their descendants.

N. "Person" means one or more individuals, labor unions, partnerships,

associations, corporations, legal representatives, mutual companies, joint stock

companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy,

receivers, employees, employers, employment agencies, labor organizations, joint

apprenticeship committees or other legal or commercial entities.

O. "Physical handicap" means any physical disability, infirmity,

malformations, or disfigurement that is caused by bodily injury, birth defect or

illness, including diabetes or epilepsy, and includes any degree of paralysis,

amputation, lack or physical coordination, blindness or visual impediment, deafness

or hearing impediment, or other remedial appliance or device.

P. "Public accommodation" means any place in or through which any

business or professional activity is conducted that is open to, accepts or solicits the

patronage of or caters or offers goods or services to the general public. This

includes but is not limited to a public inn, restaurant, eating house, day-care

center, hotel, motel, soda fountain, soft-drink parlor, tavern, nightclub, liquor

establishment, roadhouse, place where food or spirituous or malt liquors are sold

for consumption, trailer park, resort, campground, mobile home, barbershop,

beauty parlor, bathroom, rest house, theater, swimming pool, skating rink, golf

course, cafe, ice cream parlor, transportation company and all other public

amusement and business establishments, subject only to the conditions and

limitations established by law and applicable alike to all persons.

Q. "Real property" means a housing accommodation, unimproved

property, a building or portion of a building whether constructed or to be

constructed, structures, real estate, lands, tenements, leaseholds, interest in real

estate cooperatives, condominiums, and hereditaments, corporeal and incorporeal,

or any interest therein, a mobile home which is or will be used as sleeping quarters

of its occupants, or a trailer park.

Title 2-29 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

R. "Sex discrimination" means differential or preferential treatment

shown towards a person because of such person's sex, pregnancy or parenthood.

(Ord. 77-4 Sec. 17, 1977)

2.48.030 Established--Number of members. Pursuant to the provisions

of the Seldovia Municipal Code, there is established an equal rights Commission of

the Mayor and Council, which shall be known as the "Seldovia Equal Rights

Commission." (Ord. 84-18, 1984; Ord. 77-4 Sec. 2, 1977)

2.48.040 Powers and duties designated. The Equal Rights Commission

may:

A. Hold public hearings and issue orders under Section 2.48.150

and issue orders under Section 2.48.170 of this chapter;

B. Administer oaths and affirmations, certify its official acts, issue

subpoenas, subpoenas duces tecum, and other legal process to compel the

attendance of witnesses and the production of testimony, books, records,

papers, accounts, documents or things in any inquiry, investigation, hearings

or proceeding before the Commission; the Commission may petition, to

enforce its subpoenas, subpoenas duces tecum and other legal process;

C. Intervene in any court proceeding brought under this chapter;

D. Enter into agreement with counterpart agencies at all

governmental levels to promote effective and efficient enforcement of the

law;

E. Grant relief described in Section 2.48.170 of this chapter;

F. Develop programs designed to bring about the prevention and

elimination of discrimination;

G. Appoint the City Manager as Executive Director who shall serve

at the pleasure of the Council. (Ord. 84-18, 1984)

H. Delegate to the Executive Director all powers and duties given it

by this chapter, except the power to hold hearings, issue orders and appoint

the Executive Director;

I. Adopt procedural and evidentiary rules necessary to fulfill the

intent of this chapter.

(Ord. 84-18 Sec. 4, 1984; Ord. 77-4 Sec. 4, 1977)

2.48.060 Unlawful practices in the sale or rental of real property. A.

Except in the individual home wherein the renter or lessee would share common

living areas with the owner, lessor, manager, agent or other person, it is unlawful

Title 2-30 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

for the owner, lessor, manager, agent or other person having the right to sell,

lease, rent or advertise real property:

B. To refuse to sell, lease or rent the real property to a person because of

race, religion, age, sex, color, national origin, marital status or physical handicap;

C. To discriminate against a person because of race, religion, age, sex,

color, national origin, marital status or physical handicap in a term, condition or

privilege relating to the use, sale, lease or rental of real property;

D. To make a written or oral inquiry or record of the race, religion, age, sex, color, national origin, marital status or physical handicap of a person seeking to buy, lease or rent real property;

E. To offer, solicit, accept, use or retain a listing of real property with the

understanding that a person may be discriminated against in a real estate

transaction or in the furnishing of facilities or sources in connection therewith

because of a person's race, religion, age, sex, color, national origin, marital status

or physical handicap;

F. To represent to a person that real property is not available for

inspection, sale, rental or lease when in fact it is available, or to refuse a person the

right to inspect real property because of the race, religion, age, sex, color, national

origin, marital status or physical handicap of that person, or because of any person

associated with that person;

G. To engage in blockbusting;

H. To circulate, issue or display, make, print or publish, or cause to be

made or displayed, printed or published any communication, sign, notice,

statement or advertisement with respect to the use, sale, lease or rental of real

property that indicates any preference, limitation, specification or discrimination

based on race, religion, age, sex, color, national origin, marital status or physical

handicap. This shall not be construed to apply to publishing companies who accept

advertising in the ordinary course of business. (Ord. 77-4 Sec. 5(A), 1977)

2.48.070 Unlawful financing practices designated. A. It is unlawful for

an insurance company, a financial institution or other commercial institution

extending secured or unsecured credit, upon receiving an application for financial

assistance or credit for the acquisition, construction, rehabilitation, repair or

maintenance of a housing accommodation or other property or services, or the

acquisition or improvement of unimproved property, or upon receiving an

application for insurance to permit one of its officials or employees during the

execution of his/her duties:

Title 2-31 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

1. To discriminate against the applicant because of race, religion,

age, sex, color, national origin, marital status or physical handicap in a term,

condition or privilege relating to the obtainment or use of the institution's

financial assistance, insurance or credit, except to the extent of a federal

statute or regulation applicable to a transaction of the same character;

2. To make or cause to be made a written or oral inquiry or record

of the race, religion, age, sex, color, national origin, marital status or

physical handicap of a person seeking the institution's financial assistance,

insurance or credit unless the inquiry is for the purpose of ascertaining the

applicant's creditworthiness or insurability;

3. To refuse to extend credit, issue a credit card, insure or make a

loan to a single, divorced, pregnant or married person, who is otherwise

creditworthy if so requested by the person;

4. To refuse to insure or to issue a credit card to a married person

in that person's name, if so requested by the person; provided, however,

that the person so requesting a card may be required to open an account in

that name, if so requested by that person. (Ord. 77-4 Sec. 5(B), 1977)

2.48.080 Unlawful employment practices designated. A. It is unlawful for:

1. An employer to refuse employment to a person, or to bar

him/her from employment, or to discriminate against him/her in

compensation or in a term, condition or privilege of employment, or to

discharge, expel, reduce, suspend or demote him/her because of his/her

race, religion, age, sex, color, national origin, marital status or physical

handicap unless the reason for the discrimination is a bona fide occupational

qualification;

2. A labor organization, because of a person's race, religion, age,

sex, color, national origin, marital status or physical handicap, to exclude or

to expel him/her from its membership or to discriminate against one of its

members or employer or employee;

3. A person, employer or employment agency to broadcast,

publish, print, circulate or cause to be broadcasted, published, printed or

circulated a statement or advertisement in connection with prospective

employment, or to use a form of application for employment, which

expresses, directly or indirectly, a limitation, specification, preference or

discrimination as to race, religion, age, sex, color, national origin, marital

status or physical handicap;

4. A person to discriminate in the payment of wages as between

sexes, or to employ a person of one sex in an occupation at a salary or wage

rate less than that paid to a person of another sex for work of comparable

character or work in the same operation, business or type of work in the

same locality. (Ord. 77-4 Sec. 5(C), 1977)

Title 2-32 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

2.48.090 Unlawful practices in places of public accommodation. A. It

is unlawful for a person, whether the owner, operator or agent or employee of an

owner or operator of a public accommodation:

1. To refuse, withhold from or deny to a person any of its

accommodations, advantages, facilities, benefits, privileges, services or

goods of that place on account of race, religion, age, sex, color, national

origin, marital status or physical handicap;

2. To publish, circulate, issue, display, post or mail a written or

printed communication, notice or advertisement which states or implies:

a. That any of the services, goods, facilities, benefits,

accommodations, advantages or privileges of the public

accommodation will be refused, withheld from or denied to a person

of a certain race, religion, age, sex, color, national origin, marital

status or physical handicap, or

b. That the patronage or presence of a person belonging to

a particular race, religion, age, sex, color, national origin, marital

status or physical handicap, is unwelcome, not desired, not solicited,

objectionable or unacceptable;

3. To make a written or oral inquiry concerning the race, religion,

age, sex, color, national origin, marital status or physical handicap of an

individual in connection with the solicitation, reservation, booking, sale or

dispensing of accommodation, advantage, facility, benefit, privilege, service

or good. (Ord. 77-4 Sec. 5(D), 1977)

2.48.100 Unlawful practices in educational institutions. A. It is

unlawful for a person operating or assisting in the operation of an educational

institution:

1. To refuse to admit or otherwise to discriminate against an

individual with respect to the terms, conditions or services of that institution

on account of race, religion, age, sex, color, national origin, marital status or

physical handicap;

2. To make or use a written or oral inquiry or form of application

for admission that elicits information concerning the race, religion, age, sex,

color, national origin, marital status or physical handicap of an applicant for

admission;

3. To require or cause to be required that a photograph of an

application for admission be submitted with an application for admission;

Title 2-33 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

4. To publish, circulate or display, or cause to be published,

circulated or displayed, a written, printed, oral or visual communication,

advertisement, catalog, or any other form of publicity relating to admission

that expresses or indicates a preference, limitation, specification or

discriminatory origin, marital status or physical handicap of an applicant for

admission;

5. To establish, announce or follow a policy of denial or limitation

of education opportunities for members of a group on account of race

religion, age, sex, color, national origin, marital status or physical handicap;

6. To use, in the recruitment of potential applicants for admission,

a service or agency that discriminates against individuals on account of race

religion, age, sex, color, national origin, marital status or physical handicap.

B. Discrimination is lawful for a religious or denominational institution or

organization, or an organization operated for charitable or educational purposes

which is operated, supervised or controlled by or in connection with a religious or

denominational institution or organization limiting admission to, or giving

preference in, its accommodations, advantages, facilities, benefits or services to

persons of the same religion or denomination, or for making a selection of

applicants or individuals that is reasonable calculated to promote the religious

principles for which it is established or maintained. Such organizations otherwise

remain subject to the provisions in this chapter with regard to race, color, age,

national origin, sex, physical handicap or marital status. (Ord. 77-4 Sec. 5(E),

1977)

2.48.110 Unlawful practices by the Municipality of Seldovia. A. It is

unlawful for the Municipality of Seldovia or any public agency thereof:

1. To refuse, withhold from or deny to a person any local, state or

federal funds, services, goods, facilities, advantages or privileges because of

race, religion, age, sex, color, national origin, marital status or physical

handicap.

2. To publish, circulate, issue, display, post or mail a written or

printed communication, notice or advertisement which states or implies that

any local, state or federal funds, services, goods, facilities, advantages or

privileges of the office or agency will be refused, withheld from or denied to a

person of a certain race, religion, age, sex, color, national origin, marital

status or physical handicap or that the patronage of a person belonging to a

particular race, religion, age, sex, color, national origin, marital status or

physical handicap is unwelcome, not desired or not solicited. (Ord. 77-4 Sec.

5(F), 1977)

Title 2-34 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

2.48.120 Lawful practices. Notwithstanding any provision of Sections

2.48.060 through 2.48.110, it shall not be unlawful for a person in connection with

employment, housing, financing or insurance, public accommodation, education or

governmental service to make or keep records, identifying the race, religion, age,

sex, color, national origin, marital status or physical handicap if the purpose of the

record is to comply with federal or state equal opportunity laws or regulations, or in

furtherance of a program designed to ensure compliance with this chapter. (Ord.

77-4 Sec. 6, 1977)

2.48.140 Complaints--Investigation and conciliation. The Commission

shall investigate promptly and impartially the matters set out in the filed complaint.

If it determines that the allegations are supported by substantial evidence, it shall

immediately attempt to eliminate the discriminatory act or practice by conference,

persuasion and conciliation. The Commission shall, in any event, make findings of

fact within one hundred eighty days after the filing of the complaint. (Ord. 77-4

Sec. 7, 1977)

2.48.150 Complaints--Public hearing authorized when--Procedures.

A. If the Commission determines that the efforts to eliminate the alleged

discrimination are unsuccessful, the Commission shall serve written notice, together

with a copy of the complaint as it may be amended, requiring the person,

employer, labor organization or employment agency charged in the complaint to

answer to allegations of the complaint at a public hearing before the Commission.

The time and place of the public hearing will be specified in the notice. The case in

support of the complainant shall be presented before the Commission by the

Executive Director or his/her designee, provided that such designee does not

concurrently represent the complainant. The complainant may be represented by

counsel.

1. The person charged in the complaint may file a written answer to

the complaint and may appear at the hearing in person or by counsel and

submit testimony. The complainant has the power reasonable and fairly to

amend the complaint and the respondent has the power reasonable and fairly

to a hearing. Any person may obtain a transcript upon payment of

reasonable costs thereof. (Ord. 77-4 Sec. 8, 1977)

2.48.160 Injunctive relief, temporary restraining order. At any time

after a complaint is filed under this chapter, or in cases of noncompliance with a

lawful Commission order, the Commission may file a petition in any Superior Court

of the state having jurisdiction seeking temporary or permanent injunctive relief.

This includes the granting of a temporary restraining order not to exceed ten days

in duration, unless a longer period is agreed to by the parties, and the granting of

preliminary and/or permanent injunction following a court hearing. (Ord. 77-4 Sec.

9, 1977)

2.48.170 Orders authorized when--Commission powers. A. At the

completion of the hearing, if the Commission finds that a person against whom a

Title 2-35 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

complaint was filed has engaged in discriminatory conduct it shall order him to

refrain from engaging in discriminatory conduct. The order shall include findings of

fact, and may prescribe conditions on the respondent's future conduct relevant to

the type of discrimination. In a case involving discrimination in:

1. Employment, the Commission may order any equitable relief,

including but not limited to the hiring, reinstatement or upgrading of an

employee or group of employees with or without back pay, restoration to

membership in a labor organization, or his/her admission to or participation

in an apprenticeship training program, on-the-job training program, or other

retraining program;

2. Housing, the Commission may order any equitable relief,

including but not limited to the sale, lease or rental of the next vacancy in a

like accommodation owned by the person against whom the complaint was

filed;

3. Public accommodations, the Commission may order any

equitable relief, including but not limited to restoration to membership in a

place of public accommodation, or admission to or service in a place of public

accommodation;

4. Financial institutions, the Commission may order any equitable

relief, including but not limited to the issuance of a credit card to a person,

the approval of a loan to a person, or the issuance of insurance to a person;

5. Educational institutions, the Commission may order any

equitable relief, including but not limited to admission to the institution or

admission to the program or programs of the institutions.

6. The Commission may order payment of reasonable expenses to

the complainant or to the respondent when the Commission determines the

allowance appropriate.

7. The Commission may monitor compliance with orders. The order

may require a report or reports to be made to the Commission on the

manner of compliance.

8. If the Commission finds that a person against whom a complaint

was filed has not engaged in the discriminatory conduct alleged in the

complaint, it shall issue and cause to be served on the complainant an order

dismissing the complaint.

9. A copy of all orders issued following public hearing shall be filed

with the municipal attorney. (Ord. 77-4 Sec. 10, 1977)

Title 2-36 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

2.48.180 Effect of compliance with order. Immediate and continuing

compliance with all the terms of a Commission order is a bar to prosecution for the

particular instances of discriminatory conduct described in the accusation filed

before the Commission. (Ord. 774 Sec. 14, 1977)

2.32.170 Judicial review and enforcement. A. A complainant, or person

against whom a complaint is filed or other person aggrieved by an order of the

Commission, may obtain judicial review of the order in accordance with AS

44.62.560 through 44.62.570.

B. The Commission may obtain a court order for the enforcement of any of its orders by filing a complaint with the Superior Court in the Third Judicial District. (Ord. 77-4 Sec. 13, 1977)

2.48.200 Legal assistance. Legal assistance to the Commission shall be

provided by the municipal attorney. The municipal attorney may authorize the

Commission to obtain temporary legal assistance. In any proceeding wherein the

municipality is the respondent, the Commission shall employ temporary legal

counsel. (Ord. 77-4 Sec. 15, 1977)

2.48.210 Retaliation, coercion, aiding, abetting and inciting

prohibited. It is unlawful for a person to discharge, expel, evict, retaliate or to

otherwise discriminate against a person because he/she has filed a complaint,

testified or assisted in a proceeding under this chapter. It is unlawful for a person to

aid, abet, incite, compel or coerce the doing of an act for bidden under this chapter,

or to attempt to do so. (Ord. 77-4 Sec. 11, 1977)

2.48.220 Violation--Penalty. A person who willfully resists, prevents,

impedes or interferes with the Commission or any of its authorized representatives

because of or in the performance of duty under this chapter is guilty of an infraction

and punishable by the fine established in Chapter 1.08. (Ord. 81-5 Sec. 3, 1981;

Ord. 16-06)

Chapter 2.49

City of Seldovia ADA Policy Statement

Sections:

2.49.005 ADA Policy Statement

2.49.010 Program Structure

2.49.015 Reasonable Accommodation

2.49.020 ADA Complaint

2.49.025 Regulating Authorities

Title 2-37 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

2.49.005 ADA Policy Statement. It is the policy of the City of Seldovia

that no qualified individual with a disability shall, solely on the basis of his or her

disability, be excluded from the participation in, be denied the benefits of, or be

subjected to discrimination under any of its programs, services, or activities as

provided by Section 504 of the Rehabilitation Act of 1973 and the Americans with

Disabilities Act of 1990 (ADA). The City of Seldovia further assures that every effort

will be made to provide nondiscrimination in all of its programs and activities

regardless of the funding source.

2.49.010 Program Structure. The City Manager is responsible for

oversight and assurances of the City of Seldovia ADA program. Many of the day-to-

day activities regarding ADA compliance are handled individually by each area. The

primary areas of responsibility actively handled by the City Manager include:

A. Reasonable accommodations

B. ADA Complaint

C. Regulating Authorities

2.49.015 Reasonable Accommodation. A. It is the policy of the City of

Seldovia to provide reasonable accommodation to any employee who qualifies as an

individual with a disability under the Americans With Disabilities Act of 1990 (ADA).

B. Reasonable accommodation allows for equality of opportunity and full

participation by persons with disabilities in City of Seldovia employment. They are

made on a case-by case basis for qualified persons covered by the Section 504/ADA

at the request of the individual with a disability.

C. Reasonable accommodations may include but are not limited to: providing

sign language interpreters; making materials available in large print or on audio

tape or closed caption video tape; providing listening devices; adjusting

examination procedures, training materials, and/or policies; modifying work

schedules; acquiring and/or modifying equipment; and making facilities and offices

accessible.

D. A person wishing to request a reasonable accommodation should contact

the City Manager.

2.49.020 ADA Complaint. A. The State of Alaska has an ADA Complaint

Procedure that was developed to meet the requirements of State Administrative

Order 129. The complaint procedure is found in Title 02 of Seldovia Municipality,

(2.48.090). This Complaint Procedure has been modified by the City of Seldovia to

incorporate Section 504 with the Civil Rights Restoration Act of 1987.

B. An ADA Complaint is a formal process that occurs when an individual

or a class of individuals believes that they have been subjected to discrimination by

the City of Seldovia on the basis of disability.

Title 2-38 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

C. When filing a complaint against the City of Seldovia, the individual

must meet the following requirements:

1. The complaint must be filed with the City Manager or the

Department ADA Coordinator within 180 days of the date of the alleged

discrimination.

2. The complaint must be in writing. It is strongly suggested that

the complainant use the ADA complaint form to ensure that necessary

information for an investigation is provided.

3. Submit the written complain to the City Manager.

2.49.025 Regulating Authority. A. Section 504 of the Rehabilitation Act of

1973, as amended. This law states that, “No otherwise qualified individual with a

disability in the United States, as defined in Section 706(8), shall, solely by reason

of her or his disability, be excluded from the participation in, be denied the benefits

of, or be subjected to discrimination under any program or activity receiving

Federal financial assistance.”

B. 49 CFR Sec 27 (Nondiscrimination on the Basis of Disability in

Programs and Activities Receiving or Benefiting from Federal Financial Assistance.)

This regulation states that “The purpose of this part is to carry out the intent of

Section 504 of the Rehabilitation Act of 1973 (29 USC 794) as amended, to the end

that no otherwise qualified disable individual in the United States shall, solely by

reason of his or her disability, be excluded from the participation in, be denied the

benefits of, or be subjected to discrimination under any program or activity

receiving Federal financial assistance.”

C. The Civil Rights Restoration Act of 1987. This act defines “program or

activity” to mean “all of the operations” of an agency or department of State

government receiving Federal financial assistance.

D. 42 USC Sec 12101/12213 (The Americans with Disabilities Act (ADA)

of 1990). This law expands the scope of Section 504 to include all public and

private entities, not just those receiving federal assistance. The ADA states that:

“No covered entity shall discriminate against a qualified individual with a disability

because of the disability of such individual in regard to job application procedures,

the hiring, advancement, or discharge of employees, employee compensation, job

training, and other terms, conditions and privileges of employment.”

E. 29 CFR Sec 16.30 (Employment) Implements Title I of the Americans

With

Disabilities Act of 1990 (ADA), requiring equal employment opportunities for

qualified individuals with disabilities and is enforced by the federal Equal

Employment Opportunity Commission (EEOC).

Title 2-39 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

F. 28 CFR Sec 35 Implements Title II of the ADA, prohibiting

discrimination on the basis of disability by Public Services (state and local

governments), and covers employment, services, programs, and activities of state

and local governments, regardless of funding source. (Ord 11-04 Sec 2, 2010)

Chapter 2.52

City Personnel System

Sections:

2.52.005 Purpose.

2.52.010 Employee responsibility.

2.52.015 Appointment suspension and discharge of city employees.

2.52.020 Types of employment.

2.52.025 Hours of work.

2.52.030 Holidays.

2.52.035 Annual leave.

2.52.040 Sick leave.

2.52.045 Military leave.

2.52.050 Court leave.

2.52.055 Maternity leave.

2.52.060 Other leaves of absence.

2.52.065 Cancellation of leaves of absence.

2.52.070 Pay days.

2.52.075 Compensation—Job Classification.

2.52.080 Payroll deductions.

2.52.085 Overtime compensation.

2.52.090 Salary increase.

2.52.095 Official travel.

2.52.100 Other employment.

2.52.110 Resignations.

2.52.115 Dismissal and appeal.

2.52.120 Judicial review.

2.52.125 Regulations.

2.52.130 No loss of benefits for employees hired prior to adoption of

ordinance.

2.52.140 No credit for accumulated leave.

2.52.005 Purpose. The ordinance codified in this chapter has been adopted

in order to provide a fair and equitable basic personnel system in keeping with the

current practices of governments within the State of Alaska. (Ord. 80-30 Sec. 1

(part), 1980)

Title 2-40 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

2.52.010 Employee responsibility. City employees are required at all

times to conduct themselves in an exemplary manner befitting the public service in

which they are employed. (Ord. 80-30 Sec. 1(part), 1980)

2.52.012 IBEW Union Employees. (Repealed by Ord. 17-01)

2.52.015 Appointment suspension and discharge of City employees.

A. Classified Service. The City Manager or any administrative officer designated by

him shall make all appointments and promotions in the classified service on the

basis of merit and may suspend or discharge such employees subject to review

under Section 2.52.115.

1. Partially Exempt Service. The partially exempt service shall

consist of the heads of departments and any administrative assistant to the

Manager and the principal secretary to the Manager and any other

administrative officers of the City so classified. The Manager may suspend or

discharge employees in the partially exempt service in his sole discretion

when he deems it necessary for the good of the service. Employees in the

partially exempt service are otherwise subject to provisions of this chapter in

all respects unless the context clearly indicates otherwise.

2. Totally Exempt Service. The totally exempt service shall consist

of employees of the Council performing staff functions of a legislative nature

and judicial officers of the City. If any, members of the totally exempt service

shall be subject to the provisions of this title only as specifically indicated.

(Ord. 80-30 Sec. 1(part), 1980)

2.52.020 Types of employment. A. Probationary. All employees appointed

to a permanent position of the City will be considered on probation for a period of

ninety days. Within this period, the City Manager, or the city officer to whom this

responsibility has been delegated, may terminate any employee whose

performance he believes to be unsatisfactory, without hearing or appeal to the

Council.

1. Permanent. A permanent employee is any employee, not

temporary, who has completed the probationary period.

2. Temporary. A temporary employee is any employee appointed

to a position which is shorter than six months in duration or less than thirty

hours per week. Temporary employees will not be eligible for group

insurance, paid annual leave, paid sick leave, or pay increases. If a

temporary employee becomes a permanent employee, time served as a

temporary employee will be considered towards satisfying the probationary

requirements and seniority. (Ord. 80-30 Sec. 1(part), 1980; Ord. 07-04)(Ord

08-05)

Title 2-41 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

2.52.025 Hours of work. The normal workweek shall be forty hours,

Monday through Friday, eight a.m. to five p.m. with a one-hour lunch period. Other

hours may be designated by the Manager or a department head for a particular

position or to meet particular circumstances. (Ord. 80-30 Sec. 1(part), 1980)

2.52.030 Holidays*. The following days shall be recognized as paid

holidays. The Seward’s Day holiday will be celebrated on the day celebrated as such

by the State of Alaska. (Ord. 07-04)

* See personnel regulations following city code.

a) New Year’s Day

b) Martin Luther King, Jr. Day

c) Presidents’ Day

d) Seward’s Day

e) Memorial Day

f) Independence Day

g) Labor Day

h) Veterans’ Day

i) Thanksgiving Day

j) Day after Thanksgiving

k) Christmas Eve (One half day)

l) Christmas Day

m) One day to be used as a floating holiday to be determined between the

City and the Employee. An Employee gains eligibility for the floating

holiday be being on the payroll on October 18 of each year. The floating

holiday must be used between October 18 and the following October 17.

2.52.032 When a holiday falls on a regular work day during an Employee’s

vacation or while on sick leave or PTO, that holiday shall not be counted against

accrued PTO time. (Ord. 07-04)

2.52.035 Paid Time Off Accrual. A. Permanent employees shall accrue

(PTO) leave at the following rates:

Length of Service Earned Per pay period Annual Total

First day through the end of

the fifth year

6.66 160 hours

Over 5 years but less than 10 8.33 200 hours

10 years or over 10 240 hours

B. PTO leave will not begin to accrue until an employee has completed his

probationary period. Thereafter, he will accrue leave retroactive to a day of

employment. Leave will accrue on a proportional basis for a fraction of a month.

Leave will not accrue while an employee is on leave without pay. (Ord. 07-04)

Title 2-42 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

C. PTO leave may be taken only on the permission of the supervisor of

the employee. PTO leave may be accrued to a total of thirty working days. When

the Employee’s PTO accrual reaches two hundred and forty (240) hours, accruals

shall cease until such time as the accrued PTO hours drop below two hundred and

forty (240) hours. Upon termination accrued PTO leave will be paid in full. (Ord. 80-

30 Sec. 1(part), 1980) (Ord. 07-04)

2.52.040 Sick leave. For employees with accrued sick leave as of adoption

of Ordinance 07-04 shall be utilized in accordance with the rules pertaining to sick

leave on June 1, 2007. (Ord. 07-04)

2.52.045 Military leave. A. Permanent or probationary employees shall be

entitled to a military leave of absence without pay to serve in the Armed Forces of

the United States and shall be entitled to re-employment benefits granted under

section 9 of the Universal Military Training and Service Act, as amended, 50 USC

section 459.

B. An officer or employee of the City who is a member of a reserve

component of the United States Armed Forces is entitled to a leave of absence

without loss of pay or time on all days during which he is ordered to training duty,

as distinguished from active duty, with troops or at field exercises or for instruction.

The leave of absence may not exceed sixteen and one-half working days in any one

calendar year.

C. The filling of a position made vacant by the granting of military leave

of absence of less than five months shall be by temporary appointment. If such

authorized leave is for a period of five months or more it may be filled by a

substitute appointment. (Ord. 80-30 Sec. 1(part), 1980)

2.52.050 Court leave. A. An officer or employee appointed to a full-time

position who is called to serve as a juror or subpoenaed as a witness, shall be

entitled to court leave.

B. Court leave shall be supported by written documents such as a

subpoena, marshals’ statement of attendance and compensation for services, per

diem and travel.

C. The officer or employee shall turn over to his department head, or the

Manager, for deposit to city funds all moneys received from the court as

compensation for service and in turn shall be paid his current salary while on court

leave. (Ord. 80-30 Sec. 1(part), 1980)

2.52.055 Maternity leave. A female employee who has been employed for

not less than ten consecutive months is entitled to take a total of nine weeks leave

of absence immediately preceding and following childbirth. This leave shall be

Title 2-43 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

charged first to sick leave, and if that is not sufficient then to annual leave, then to

leave without pay. (Ord. 8030 Sec. 1(part), 1980)

2.52.060 Other leaves of absence. A. Employees may be granted leave

without pay, not to exceed a total of ten working days in any anniversary year, for

any compelling reason at the discretion of the Manager. PTO will not accrue while

an Employee is on leave without pay. (Ord. 07-04)

B. Permanent employees may be allowed to be absent from duty without

pay, in excess of two weeks, on the basis of application for leave without pay

approved by their respective supervisor under the following conditions: Such leave

shall be granted only when it will not result in undue prejudice to the interest of the

City beyond any benefit realized. An application for a leave of absence for travel or

study calculated to equip the employee to render more effective service to the City

may be deemed to involve such compensating benefits to be measured against the

loss of prejudice to the interest of the City involved in keeping open the position or

filling it temporarily until the return of the employee. (Ord. 0704)

C. PTO leave will not accrue during the term of any leave without pay.

(Ord. 80-30 Sec. 1(part), 1980) (Ord. 07-04)

2.52.065 Cancellation of leaves of absence. All leaves of absence shall

be subject to the condition that the City Manager may cancel the leave at any time

upon prior written notice to the employee and the Manager specifying a reasonable

date of termination of leave. The Manager, upon prior notice to the employee and

the department head may cancel an approved leave of absence at any time he finds

the employee is using the leave for purposes other than those specified at the time

of approval. (Ord. 80-30 Sec. 1(part), 1980; Ord 07-04)

2.52.070 Pay days. All employees will be paid semi-monthly. Pay periods

will end on the 15th (fifteenth) and the last day of the month. (Ord. 92-16; Ord. 07-

04)

2.52.075 Compensation--Job Classification. Each existing position will

be defined in writing and a pay rate, which shall not exceed Council's budgeted

authorization, will be assigned to each employee. Job description may be reviewed

and revised by the Manager as necessary. As new positions are created, the

functions and responsibilities of the position will be defined and a pay rate shall be

assigned to it. The pay rate for each position shall be selected considering the

availability of funds, the minimum qualifications in experience or education, the

responsibility of the position, and the equivalent pay in the same or similar position

in other government employment and industry. (Ord. 80-30 Sec. 1(part), 1980)

2.52.080 Payroll deductions. The following deductions, as required by law,

will be withheld from each employee's pay check: Federal income tax, Social

Security, and any other taxes provided for by state or federal law to be deducted

Title 2-44 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

from an employee's pay check. Other deductions may be provided for on a

voluntary basis by regulation. (Ord. 8030 Sec. 1(part), 1980)

2.52.085 Overtime compensation. A. As a general rule, the necessity for

frequent and considerable overtime service in a department shall be considered

evidence of understaffing or improper organization and shall be subject to

investigation by the Manager. Where an employee is required to work in excess of

eight hours per day or in excess of forty hours a week, at the discretion of the City

Manager, compensating time off at the discretion of the City Manager shall be

granted partially exempt employees at the earliest possible time, classified

employees shall be given compensating time at the rate of time and one-half. At

his/her sole discretion, the City manager may elect to pay an Employee overtime

pay in wages rather than comp-time. Only designated supervising officers may

authorize overtime. (Ord. 80-30 Sec. 1(part), 1980; Ord. 93-3; Ord. 07-04)

2.52.090 Salary increase. Step increases are not automatic and are given

only upon funding by Council and the recommendation of the employee's

supervisor. (Ord. 80-30 Sec. 1(part), 1980)

2.52.095 Official travel. A. All travel must be for official city business and

be preapproved by the City Manager. Employees and other officers of the City,

while traveling on official business and away from their homes or designated posts

of duty requiring an overnight stay will be reimbursed for food and lodging

expenses as follows:

1. A per diem allowance not to exceed eighty dollars for meals and incidentals, or

2. Actual expenses plus meal allowances as set out in section 2.

a) Employees required to rent or lease vehicles or travel by

taxi at their point of destination will be reimbursed for actual

expenses.

b) Employees who use their personal vehicles shall be

reimbursed at the approved IRS rate per mile. (Ord 0906 Sec 1,

2008; Ord. 17-01)

B. A meal allowance will be allowed an Employee or other officers of the

City who are on travel status outside a radius of 30 miles from the regular place of

work for at least five hours:

Breakfast $10.00

Lunch $10.00

Dinner $20.00

1. These are maximum allowable rates and are intended to include

tips.

Title 2-45 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

2. Reimbursement for the actual cost of ferry fare, bridge, road and

tunnel tolls shall be granted. Where two or more employees or

other city officials are traveling in the same direction, and it is

possible to share a privately owned automobile or airplane, the

mileage permitted shall be allowed only once. No reimbursement

shall be allowed for more than the lowest tourist class fare for the

most direct route.

3. When a meal is provided as part of a conference or seminar, or as

part of a lodging package, the traveler is not eligible for a meal

reimbursement.

C. Lodging and other travel reservations shall be made in advance by the

City office. If emergency conditions exist, lodging obtained directly by the employee

must be made at the lowest cost available for reasonable accommodations.

Reimbursement will be made upon approval by the Manager of vouchers submitted

on the form specified by him or her. (Ord. 80-30 Sec. 1(part), 1980; Ord 07-04)

2.52.100 Other employment. Full time employees shall not engage in

occupations or outside activity that are incompatible with their employment by the

City or adversely affect the performance of municipal duties. Each officer or

employee undertaking any employment for compensation outside his employment

for the City shall report the same to the Manager in writing and obtain his approval.

Normally, officers and employees of the City shall not be permitted substantial

outside employment. (Ord. 80-30 Sec. 1(part), 1980)

2.52.105 Gifts and gratuities. An employee shall not accept a gift,

gratuity, considerations or extraordinary favor from any person doing business or

likely to do business with the City and shall immediately report to the Manager any

offer, promise or suggestion that such a gift be made. Any person either offering or

receiving such a gift, gratuity, consideration or extraordinary favor is subject to

criminal penalties prescribed in AS 11.56.100 and AS 11.56.120. This section does

not apply to the giving of ceremonial gifts of nominal value or gifts received from

an employee's family or ordinary circle of friends when not offered or accepted for a

corrupt purpose. (Ord. 80-30 Sec. 1(part), 1980)

2.52.110 Resignation. Employees are requested to give at least two weeks'

notice of anticipated resignation. The supervisor will note on any reference

requested, any shorter term of notice. Thirty days' notice is expected of

administrative officers. Where a resignation is requested for other than extreme

cause, the requirement of notice may be waived and severance pay in lieu of notice

will be granted. (Ord. 80-30 Sec. 1(part), 1980)

2.52.115 Dismissal and appeal. Any employee in the classified service

may be dismissed by a department head or other authorized officer of the City for

Title 2-46 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

cause. The discharged employee may appeal his dismissal to the City Manager or a

hearing officer appointed by the Manager. If so requested, the Manager shall hold a

hearing within fifteen working days at which the charge against the employee shall

be inquired into. The employee will be permitted to present witnesses on his own

behalf in answer to such charges. Any employee in the classified service may

appeal an adverse decision of the Manager or hearing officer designated by the

manger to the Council. The Council may order the reinstatement of the employee

upon a finding that the evidence presented to the manger or hearing officer

designated by the Manager did not support his action in affirming the dismissal of

the employee. No appeal may be taken to the Council without the Manager first

having the opportunity to review the action taken. This procedure applies to

suspensions, pay reductions or other disciplinary action taken by the City. (Ord. 80-

30 Sec. 1(part), 1980)

2.52.120 Judicial review. In adjudicating disciplinary cases, the decision of

the Council, or the hearing officer if no appeal is taken, are final. This act does not

confer upon any officer or employee of the City any judicial remedy to which he

would not be entitled in the absence of a personnel system. This chapter and the

regulations promulgated hereunder are not a part of any employment agreement

between the City and the employee and may be amended by the Council or, in the

case of regulations, by the Manager, as each sees fit. (Ord. 80-30 Sec. 1(part),

1980)

2.52.125 Regulations. The Manager may adopt published regulations in

furtherance of these provisions and may make additions to them by regulation so

long as they do not conflict with this chapter. Such additional regulations may

include, but are not limited to:

position classifications, a rate of pay based upon the classifications, procedures for

employee selection including examinations, etc., promotion procedures,

emergency, temporary, and provisional appointments, transfers, transportation

costs, reinstatement, layoffs, overtime procedures, delegation questions and similar

matters; except however that nothing in this section shall authorize the Manager to

amend the general rules, policy or classifications. (Ord. 80-30 Sec. 1(part), 1980)

2.52.130 No loss of benefits for employees hired prior to adoption of ordinance. Employees hired prior to adoption of the ordinance codified in this chapter shall not suffer a loss of benefits by virtue of the enactment of this chapter. (Ord. 80-30 Sec. 2, 1980)

2.52.140 No credit for accumulated leave. Officers and employees of the

City at the time this system goes into effect shall benefit from the seniority and sick

leave provisions hereof, but shall not be entitled to credit for accumulated annual or

sick leave except as may previously have been recognized administratively. (Ord.

80-30 Sec. 3, 1980)

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Chapter 2.53

Drug and Alcohol Abuse Policy

Sections:

2.53.20 Prohibitions and Disciplinary Actions

2.53.30 Drug and Alcohol Abuse Awareness Program

2.53.10 Drug and Alcohol Abuse Policy. It is the policy of the City of

Seldovia to maintain a workplace that is free from the effects of drug and alcohol

abuse.

2.53.20 Prohibitions and Disciplinary Actions. A. All city employees are

prohibited from using, selling, dispensing, distributing, possessing, manufacturing,

or being under the influence of illegal drugs, narcotics, or alcoholic beverages on

city premises or worksites.

B. For violating any of the prohibitions contained in subsection A, all

employees will be subject to disciplinary action, up to and including dismissal from

city employment. Such violations include, but are not limited to, possessing illegal

or non-prescribed drugs, narcotics, or alcoholic beverages at work; being under the

influence of such substances while working; using them while working; or

dispensing, distributing, or illegally manufacturing or selling them on city premises

and worksites.

C. Every city employee who is convicted of any criminal drug violation

based on conduct occurring in the workplace must report such conviction in writing

to the City Manager within 5 (five) calendar days of the conviction. The City

Manager must, within thirty days, take appropriate disciplinary action against the

employee, up to and including termination of city employment. The City Manager

must also notify federal agencies which provide funds to the City of the conviction

within ten days after receiving notice thereof. If the City Manager has a reasonable

belief that an employee is violating one of the prohibitions contained in subsection

A, he shall require the employee immediately to leave city premises and worksites.

The City Manager shall make reasonable efforts to arrange safe transit for the

employee from city premises or worksites.

2.53.30 Drug and Alcohol Abuse Awareness Program. A. The City

Manager shall establish a drug and alcohol abuse awareness program. This program

must provide information concerning the following to city employees:

1. The dangers of drug and alcohol abuse;

Title 2-48 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

2. The City's policy of maintaining a drug free workplace;

3. The availability of counseling and rehabilitation programs;

4. The penalties that may be imposed for violations of this drug

free workplace policy.

B. The City Manager shall notify all employees that they must abide by this

drug free workplace policy and that they must notify the City if they are convicted

of any criminal drug violation based on conduct occurring in the workplace. (Ord.

92-05)

Chapter 2.56

Public Information

Sections:

2.56.010 Intent.

2.56.020 Definitions.

2.56.025 City records declared public property.

2.56.030 Information available to public.

2.56.040 Records exempted.

2.56.050 Regulation of time, place and manner of inspection of public

records.

2.56.060 Response to request for public records.

2.56.010 Intent. It is the intent of the City to provide access to public

records and information so that the right of the people to remain informed is

protected. In enacting this measure, the city council recognizes the competing

interests of personal privacy as well as the need for confidentiality in limited areas

of city affairs, and the right of the public to have access to information concerning

the conduct of the people’s business. In balancing these interests, this chapter shall

be construed to require disclosure of all public records in the procession or control

of the city, except those specifically exempted under section 2.56.040 of this

chapter. (Ord. 80-5 Sec. 1, 1980; Ord. 18-13)

2.56.020 Definitions. For the purposes of this chapter:

1. "Document" means any method of storing information, including

but not limited to spoken words, handwriting, typewriting, printing,

Photostatting, photographing and any other form of communication or

reproduction, upon any medium, including but not limited to paper, magnetic

or paper type, photographic film or prints, magnetic or punched cards, discs,

drums and phonograph records.

Title 2-49 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

2. "Municipal agency" means any department, division, board,

commission or private contractor that has custody of public records as

defined in this chapter.

3. "Records" means any document containing information relating

to the conduct of the people's business which is prepared, owned, used or

retained by a municipal agency, regardless of the physical form or

characteristic of the document. (Ord. 80-5 Sec. 2, 1980)

2.56.025 City records declared public property. All city records are property of the city. Unless otherwise authorized or required by law, no person

shall:

1. Deface, alter or destroy any city record;

2. Remove any city record from the city’s possession;

3. Disclose confidential information contained within any city record;

2.56.030 Information available to public. A. Except as provided by

Section 2.56.040, or by other provisions of municipal, state or federal law, all public

records shall be open to inspection by any person subject to guidelines regulating

the time, place and manner pursuant to Section 2.56.050.

B. Nothing in this chapter requires the city to create, compile, summarize,

outline, or in any other way create information from existing city records in order to

comply with a request to inspect city records.

C. The City is not required to produce public records for inspection, or to

copy records, in the exact medium they are stored, provided that the substantive

content of the information contained within the record is not altered. In the event

that the substantive content of a record is altered, a written statement explaining

the nature of the change and why such change was necessary shall be issued to the

requester.

D. Original records shall not leave City custody.(Ord. 80-5 Sec. 3, 1980; Ord.

18-13)

2.56.040 Records exempted. The City shall not be required to release or

disclose the following documents or records:

1. Communications of any kind between the municipal attorney

and officers or employees of the City, or any other individual, firm or

corporation containing a legal opinion, memorandum or other disclosure of

information pertaining to any matter then in litigation or where litigation may

Title 2-50 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

be pending. This exemption does not extend, however, to any documents,

records or other written communication that may have been made public

prior to the commencement of litigation and public records that must

otherwise be disclosed cannot be withheld on the grounds that they have

been submitted to the municipal attorney;

2. Personnel, payroll and medical files that would reveal the

financial or medical status of any specific individual, thereby creating an

unreasonable invasion of that individual's privacy, except for the following

information:

a. The names and position titles of City officers and employees,

including any prior positions held;

b. The dates of appointment and separation of a City officer or

employee;

c. Salary levels and fringe benefits of City employees;

d. Resumes for all applicants for department head positions.

3. Files pertaining to the investigation of criminal activity with the

exception of records that may be required by other governmental agencies or

entities for the proper governmental agencies or entities for the proper

administration of justice. In this regard the provisions of Alaska Statute

Chapter 62, and Privacy shall apply;

4. Information such as name, address, etc., that would identify

complainants in actions to enforce any city regulation or ordinance, except as

such disclosure may become necessary to a fair and just disposition of the

enforcement proceeding;

a. This subsection does not prohibit disclosure of the contents of the

complaint, so long as the complainant is not identifiable;

5. Records held by the City concerning any customer using

municipal services, release of which would be an unwarranted invasion of

privacy;

6. Engineering or other technical specifications or data which might

provide a competitive advantage to any person, firm or corporation engaged

or potentially to be engaged in municipal business, including;

a. Bids or proposals submitted to the City as part of a procurement

process governed by sections 6.08.100 and 6.08.110 of this code,

unless the City has issued a notice of intent to award.

b. Proprietary information which a manufacturer, consultant,

contractor or supplier of goods and services reasonably requires to

be kept privileged or confidential to protect the interests of

persons providing the information or data.

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c. Information which municipal governments engaged in collective

bargaining consider privileged or confidential for the purpose of

successful collective bargaining.

7. Information obtained by and in the custody of insurance carriers

insuring the municipality and their attorneys and agents regarding possible

and pending claims against the municipality;

8. Health, mental health, medical, juvenile and personality

problem information obtained or prepared by the municipality with respect to

any person for whom treatment or services were provided.

9. Records concerning the pre-decisional deliberative process in

any quasi-judicial proceeding conducted by the City;

10. Any record, nondisclosure of which is authorized by a valid

Alaska or federal statute or regulation, or by privilege, exemption or principle

recognized by the courts, or by a protective order authorized by law;

11. Confidential tax information;

12. Documents for which the City’s need for confidentiality

outweighs the public’s right to know. (Ord. 80-5 Sec. 4, 1980; Ord. 18-13).

2.56.050 Regulation of time, place and manner of inspection of public

records. The City Manager shall adopt regulations as to the time, place and

manner of inspection of public records held by the municipality. Such regulations

may also provide:

1. That a fee may be required. The fee for copying City records is

established under the Fee Schedule as approved by Council. The fees shall

not exceed the maximum fees allowable under Alaska Statute 40.25.110.

2. All requests to inspect city records shall be submitted in writing

to the City Clerk, on a form provided by the city, along with any applicable

fee. In the event that a requestor is unable to submit a written request due

to a physical or mental disability, the City Clerk shall either assist the

requestor in preparing a written request, or treat the oral request as a

written request. (Ord. 18-13)

3. Regulations adopted pursuant to this section shall be posted in a

conspicuous manner at City Hall. (Ord. 80-5 Sec. 5, 1980)

2.56.060 Response to requests for public records. All requests for

public information or records shall be approved by the City Manager. The Manager

or his designee shall, consistent with the orderly conduct of municipal business,

Title 2-52 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

make a good faith and diligent effort to provide a rapid and intelligible response to

requests for inspection of records made pursuant to this ordinance. To effect this

policy, the following guidelines are adopted:

1. Information pursuant to this chapter shall be furnished promptly

to the requesting party unless the information requested is declared

privileged or confidential pursuant to applicable federal, state or municipal

law. If the Manager or his designee considers the information to be

privileged, he shall notify the requestor in writing that the City record is not

subject to inspection, including a citation to the specific provision of

applicable state, federal or municipal law exempting the requested

information from disclosure, or the date upon which the record was

destroyed in accordance with the City’s adopted records retention schedule ,

along with the date, and the item of information requested.

2. Any denial of a request for information or inspection of public

records may be appealed to the City Council and a written reply will be given

within seven working days from the Council's consideration thereof either

granting or denying the appeal. An appeal from the decision of the Council

shall be to the superior court.

3. All requests for records and information made pursuant to this

chapter shall be responded to within a reasonable time period. If the records

and information cannot be located in time to make a response within two

working days of the request, the requesting party shall be promptly advised,

and, if the requesting party still desires the information or records, a

reasonable and diligent search shall be made for it. (Ord. 80-6 Sec. 6, 1980)

Chapter 2.58

Records

Management Sections:

2.58.010 Purpose.

2.58.020 Definitions.

2.58.030 Records and Information Management Program (RIM).

2.58.040 Regulations.

2.58.050 Duties of city departments.

2.58.060 Data collection/forms management.

2.58.010 Purpose. This ordinance is intended to provide the City with a

comprehensive system that ensures the City of Seldovia is able to identify, store

and retrieve records to ensure that records are managed in an efficient and

effective way while complying with federal, state, and City requirements. The

Title 2-53 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

process ensures that records that have outlived their usefulness are destroyed, in

accordance with the City’s records retention schedule.

2.58.020 Definitions.

A. RECORD. The term record includes all recorded information acquired or

stored by the City for future use or preservation, including any document, paper,

book, letter, photograph, microfilm, electronic record, map, drawing, chart, card,

magnetic media or computer printout.

B. RECORD SERIES (OR RECORD TYPE). A record series (or type) is any

group of identical or related records which are normally used and filed as a unit and

which permit evaluation as a unit for retention scheduling purposes. Each record

series shall be segregated according to series and the year of acquisition or

creation.

C. VITAL RECORDS. Vital records are those records necessary to assure

continuance of essential governmental operations to protect the legal and financial

operation of the City in the event of disaster or catastrophic loss of the City’s

records.

D. LEGAL VALUE. A record has legal value if it relates to current or possible

legal action by or against the City, and records relating to land, construction,

legislative and judicial actions of the City Council, or potential court claims.

E. HISTORICAL VALUE. A record series has historical value if it will be useful

at a later date in reconstructing a general history or the development and

government of the City.

F. RETENTION SCHEDULE. The retention schedule sets forth the length of

time a record type shall be kept. Periods may be assigned for records stages such

as on-site (office) retention, off-site (storage) retention, and total retention. Legal

citations and related retention periods, if any, may be referenced.

2.58.030 Records and Information Management Program (RIM). The

City Clerk shall serve as the City Records Manager and shall have the primary

responsibility for the development, maintenance and operation of the City’s records

management system. The City Clerk’s duties and responsibilities with respect to the

RIM program include, but are not limited to:

1. Establishing policies for the operation and implementation of this chapter and a Citywide RIM program;

Title 2-54 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

2. Implementing best industry practice for the management of all City records regardless of their format;

3. Reporting annually to the council with respect to the program’s

effectiveness and its cost to the City; 4. Preparing and reviewing the Seldovia Retention Schedule for compliance

with applicable legal requirements, and making recommendations to the council regarding amendments to the program, which shall be approved

by resolution of the Council; 5. Developing a schedule for the destruction or other disposal of obsolete

records at the end of the retention period established for that type of record. The City Clerk shall maintain a permanent log of all records types

that have been destroyed;

6. Creating, implementing, and managing the RIM program to ensure the

objectives are achieved through the training of department heads, and through regular program reviews to ensure continuous improvement;

7. Notifying all City employees of litigation holds and releases for City

records upon potential suspicion of litigation, or subpoena of City records; 8. Providing records management advice and assistance to all City officers

and departments;

9. Preparing and approving records management policies and procedures;

10. Establishing, in cooperation with other City departments, a disaster plan

for each department to ensure maximum availability of records for re-establishing operations quickly and with minimum disruption and

expense;

11. Developing procedures to ensure the permanent preservation of historical

and vital records of the City; and

12. Replacing any original record which is lost, worn or damaged by a certified copy of that record and the replacement shall be considered an original record for all proposes.

2.58.040 Regulations. The City Council may adopt regulations to effectuate

this ordinance. The City Clerk shall submit regulations to the City Council for

approval, by a motion, to carry out the proposed purposes as set forth in this

ordinance.

Title 2-55 8/28/90; 6/11/08; 9/22/11; 5/8/13; 9/21/17; 7/12/18

2.58.050 Duties of City Departments. Each department shall establish

and maintain a file system in the most organized and efficient manner possible and

in compliance with any records management regulations approved by City Council.

2.58.060 Data Collection/Forms Management.

A. The purpose of this section is to provide for an efficient and economic

system of coordinating the data collection efforts of each department and to reduce

the burden on both citizens and businesses by minimizing the number of forms

which each shall be required to complete and return to the City and to minimize

forms redundancy with city forms used for interoffice purposes.

B. The Records Manager shall establish regulations to economically combine,

simplify or eliminate City forms to the extent possible without compromising

administrative efficiency and shall consult with each department head to determine

informational needs of each department. The City Clerk shall control the creation

and use of forms which members of the general public are required to complete.

Forms regulations may be placed in the Seldovia Municipal Code.